Fushatë për sigurinë në trafik “Kujdes! Çmoje jetën! Aksidentet nuk ndodhin, ato shkaktohen!“

November 16, 2016

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="part-I"><num>Part I</num><heading>The Deer Commission for Scotland</heading><section eId="section-1"><num>1</num><heading>The Deer Commission for Scotland</heading><subsection eId="section-1-1"><num>(1)</num><intro>There shall continue to be a commission known as the Deer Commission for Scotland (in this Act referred to as “the Commission”) which shall—</intro><level class="para1" eId="section-1-1-a"><num>(a)</num><content>in accordance with the provisions of this Act, further the conservation, control and sustainable management of deer in Scotland, and keep under review all matters, including their welfare, relating to deer; and</content></level><level class="para1" eId="section-1-1-b"><num>(b)</num><content>exercise such other functions as are conferred on them by or under this Act or any other enactment.</content></level></subsection><subsection eId="section-1-2"><num>(2)</num><intro>It shall be the duty of the Commission, in exercising their functions, to take such account as may be appropriate in the circumstances of—</intro><level class="para1" eId="section-1-2-a"><num>(a)</num><content>the size and density of the deer population and its impact on the natural heritage;</content></level><level class="para1" eId="section-1-2-b"><num>(b)</num><content>the needs of agriculture and forestry; and</content></level><level class="para1" eId="section-1-2-c"><num>(c)</num><content>the interests of owners and occupiers of land.</content></level></subsection><subsection eId="section-1-3"><num>(3)</num><content>The Commission shall carry out their functions in accordance with such directions of a general character as may be given by the Secretary of State.</content></subsection><subsection eId="section-1-4"><num>(4)</num><content>The Commission shall be appointed by the Secretary of State and shall consist of a chairman and such number of other members, being not less than nine nor more than twelve in total, as the Secretary of State considers appropriate to represent the interests of persons or organisations concerned with each of the matters mentioned in paragraph (a) of subsection (5) below; and subsections (5) and (6) below shall apply to the appointment of the members other than the chairman.</content></subsection><subsection eId="section-1-5"><num>(5)</num><intro>Subject to subsection (4) above and subsection (6) below, the Secretary of State may appoint any person who appears to him—</intro><level class="para1" eId="section-1-5-a"><num>(a)</num><intro>to have knowledge or experience of one or more of the following matters—</intro><level class="para2" eId="section-1-5-a-i"><num>(i)</num><content>deer management;</content></level><level class="para2" eId="section-1-5-a-ii"><num>(ii)</num><content>agriculture (including crofting);</content></level><level class="para2" eId="section-1-5-a-iii"><num>(iii)</num><content>forestry and woodland management; and</content></level><level class="para2" eId="section-1-5-a-iv"><num>(iv)</num><content>the natural heritage,</content></level><wrapUp>in so far as that matter may be affected by the Commission’s exercise of their functions; and</wrapUp></level><level class="para1" eId="section-1-5-b"><num>(b)</num><content>generally, to be an appropriate person,</content></level><wrapUp>to be a member of the Commission; and, subject to subsection (6)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management.</wrapUp></subsection><subsection eId="section-1-6"><num>(6)</num><intro>Before making an appointment under subsection (5) above, the Secretary of State shall—</intro><level class="para1" eId="section-1-6-a"><num>(a)</num><content>afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (5)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment;</content></level><level class="para1" eId="section-1-6-b"><num>(b)</num><content>consider any such suggestions; and</content></level><level class="para1" eId="section-1-6-c"><num>(c)</num><content>where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (5) above from among those names.</content></level></subsection><subsection eId="section-1-7"><num>(7)</num><content>Schedule 1 to this Act (which makes supplementary provision with respect to the Commission) shall have effect.</content></subsection></section><section eId="section-2"><num>2</num><heading>Advice and annual reports to Secretary of State</heading><subsection eId="section-2-1"><num>(1)</num><intro>The Commission shall—</intro><level class="para1" eId="section-2-1-a"><num>(a)</num><content>advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to them; and</content></level><level class="para1" eId="section-2-1-b"><num>(b)</num><content>bring to his attention any matter relating to deer of which in the opinion of the Commission he ought to be apprised.</content></level></subsection><subsection eId="section-2-2"><num>(2)</num><content>The Commission shall make an annual report to the Secretary of State on the exercise of their functions under this Act.</content></subsection><subsection eId="section-2-3"><num>(3)</num><content>The Secretary of State shall lay a copy of the report made under subsection (2) above before each House of Parliament, together with such comments as he may think fit to make.</content></subsection></section><section eId="section-3"><num>3</num><heading>Power of the Commission to facilitate exercise of functions</heading><subsection eId="section-3-1"><num>(1)</num><intro>The Commission shall have power—</intro><level class="para1" eId="section-3-1-a"><num>(a)</num><content>to issue guidance or advice, whether general or particular, to any person or organisation; and</content></level><level class="para1" eId="section-3-1-b"><num>(b)</num><intro>to conduct, or to collaborate with any person or organisation which is conducting—</intro><level class="para2" eId="section-3-1-b-i"><num>(i)</num><content>any research, inquiry or investigation into questions of practical or scientific importance; or</content></level><level class="para2" eId="section-3-1-b-ii"><num>(ii)</num><content>any experiment, trial or demonstration,</content></level><wrapUp>relating to the conservation, control or sustainable management of deer or to any other aspect of the Commission’s functions.</wrapUp></level></subsection><subsection eId="section-3-2"><num>(2)</num><content>For the avoidance of doubt, it is provided that the Commission may exercise the powers conferred by subsection (1) above in relation to the general welfare of deer, in so far as that matter is not otherwise included in their functions under this Act.</content></subsection></section><section eId="section-4"><num>4</num><heading>Appointment of panels</heading><subsection eId="section-4-1"><num>(1)</num><content>Subject to the approval of the Secretary of State, the Commission may appoint for any locality a panel for the purposes of this section consisting of such number of persons, not exceeding nine, as they consider appropriate, one of whom shall act as chairman.</content></subsection><subsection eId="section-4-2"><num>(2)</num><content>Before making an appointment under subsection (1) above, the Commission may afford to such persons or organisations as they think fit an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment.</content></subsection><subsection eId="section-4-3"><num>(3)</num><content>Where the Commission have sought suggestions as mentioned in subsection (2) above, they shall consider any such suggestions before making an appointment under subsection (1) above.</content></subsection><subsection eId="section-4-4"><num>(4)</num><intro>The Commission may appoint a member of the Commission or a member of the Commission’s staff to act as observer to the panel for the purposes of—</intro><level class="para1" eId="section-4-4-a"><num>(a)</num><content>sitting with the panel at any meeting;</content></level><level class="para1" eId="section-4-4-b"><num>(b)</num><content>taking part in their discussions; and</content></level><level class="para1" eId="section-4-4-c"><num>(c)</num><content>informing the Commission of information arising during and decisions taken at such meetings.</content></level></subsection><subsection eId="section-4-5"><num>(5)</num><content>An observer appointed under subsection (4) above shall not be a member of the panel.</content></subsection><subsection eId="section-4-6"><num>(6)</num><content>The Commission may refer to any such panel any matter relating to the functions of the Commission, and it shall be the duty of the panel to advise the Commission on the matter.</content></subsection></section></part>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1"><num>1</num><heading>The Deer Commission for Scotland</heading><subsection eId="section-1-1"><num>(1)</num><intro>There shall continue to be a commission known as the Deer Commission for Scotland (in this Act referred to as “the Commission”) which shall—</intro><level class="para1" eId="section-1-1-a"><num>(a)</num><content>in accordance with the provisions of this Act, further the conservation, control and sustainable management of deer in Scotland, and keep under review all matters, including their welfare, relating to deer; and</content></level><level class="para1" eId="section-1-1-b"><num>(b)</num><content>exercise such other functions as are conferred on them by or under this Act or any other enactment.</content></level></subsection><subsection eId="section-1-2"><num>(2)</num><intro>It shall be the duty of the Commission, in exercising their functions, to take such account as may be appropriate in the circumstances of—</intro><level class="para1" eId="section-1-2-a"><num>(a)</num><content>the size and density of the deer population and its impact on the natural heritage;</content></level><level class="para1" eId="section-1-2-b"><num>(b)</num><content>the needs of agriculture and forestry; and</content></level><level class="para1" eId="section-1-2-c"><num>(c)</num><content>the interests of owners and occupiers of land.</content></level></subsection><subsection eId="section-1-3"><num>(3)</num><content>The Commission shall carry out their functions in accordance with such directions of a general character as may be given by the Secretary of State.</content></subsection><subsection eId="section-1-4"><num>(4)</num><content>The Commission shall be appointed by the Secretary of State and shall consist of a chairman and such number of other members, being not less than nine nor more than twelve in total, as the Secretary of State considers appropriate to represent the interests of persons or organisations concerned with each of the matters mentioned in paragraph (a) of subsection (5) below; and subsections (5) and (6) below shall apply to the appointment of the members other than the chairman.</content></subsection><subsection eId="section-1-5"><num>(5)</num><intro>Subject to subsection (4) above and subsection (6) below, the Secretary of State may appoint any person who appears to him—</intro><level class="para1" eId="section-1-5-a"><num>(a)</num><intro>to have knowledge or experience of one or more of the following matters—</intro><level class="para2" eId="section-1-5-a-i"><num>(i)</num><content>deer management;</content></level><level class="para2" eId="section-1-5-a-ii"><num>(ii)</num><content>agriculture (including crofting);</content></level><level class="para2" eId="section-1-5-a-iii"><num>(iii)</num><content>forestry and woodland management; and</content></level><level class="para2" eId="section-1-5-a-iv"><num>(iv)</num><content>the natural heritage,</content></level><wrapUp>in so far as that matter may be affected by the Commission’s exercise of their functions; and</wrapUp></level><level class="para1" eId="section-1-5-b"><num>(b)</num><content>generally, to be an appropriate person,</content></level><wrapUp>to be a member of the Commission; and, subject to subsection (6)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management.</wrapUp></subsection><subsection eId="section-1-6"><num>(6)</num><intro>Before making an appointment under subsection (5) above, the Secretary of State shall—</intro><level class="para1" eId="section-1-6-a"><num>(a)</num><content>afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (5)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment;</content></level><level class="para1" eId="section-1-6-b"><num>(b)</num><content>consider any such suggestions; and</content></level><level class="para1" eId="section-1-6-c"><num>(c)</num><content>where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (5) above from among those names.</content></level></subsection><subsection eId="section-1-7"><num>(7)</num><content>Schedule 1 to this Act (which makes supplementary provision with respect to the Commission) shall have effect.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-1"><num>(1)</num><intro>There shall continue to be a commission known as the Deer Commission for Scotland (in this Act referred to as “the Commission”) which shall—</intro><level class="para1" eId="section-1-1-a"><num>(a)</num><content>in accordance with the provisions of this Act, further the conservation, control and sustainable management of deer in Scotland, and keep under review all matters, including their welfare, relating to deer; and</content></level><level class="para1" eId="section-1-1-b"><num>(b)</num><content>exercise such other functions as are conferred on them by or under this Act or any other enactment.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-2"><num>(2)</num><intro>It shall be the duty of the Commission, in exercising their functions, to take such account as may be appropriate in the circumstances of—</intro><level class="para1" eId="section-1-2-a"><num>(a)</num><content>the size and density of the deer population and its impact on the natural heritage;</content></level><level class="para1" eId="section-1-2-b"><num>(b)</num><content>the needs of agriculture and forestry; and</content></level><level class="para1" eId="section-1-2-c"><num>(c)</num><content>the interests of owners and occupiers of land.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-3"><num>(3)</num><content>The Commission shall carry out their functions in accordance with such directions of a general character as may be given by the Secretary of State.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-4"><num>(4)</num><content>The Commission shall be appointed by the Secretary of State and shall consist of a chairman and such number of other members, being not less than nine nor more than twelve in total, as the Secretary of State considers appropriate to represent the interests of persons or organisations concerned with each of the matters mentioned in paragraph (a) of subsection (5) below; and subsections (5) and (6) below shall apply to the appointment of the members other than the chairman.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-5"><num>(5)</num><intro>Subject to subsection (4) above and subsection (6) below, the Secretary of State may appoint any person who appears to him—</intro><level class="para1" eId="section-1-5-a"><num>(a)</num><intro>to have knowledge or experience of one or more of the following matters—</intro><level class="para2" eId="section-1-5-a-i"><num>(i)</num><content>deer management;</content></level><level class="para2" eId="section-1-5-a-ii"><num>(ii)</num><content>agriculture (including crofting);</content></level><level class="para2" eId="section-1-5-a-iii"><num>(iii)</num><content>forestry and woodland management; and</content></level><level class="para2" eId="section-1-5-a-iv"><num>(iv)</num><content>the natural heritage,</content></level><wrapUp>in so far as that matter may be affected by the Commission’s exercise of their functions; and</wrapUp></level><level class="para1" eId="section-1-5-b"><num>(b)</num><content>generally, to be an appropriate person,</content></level><wrapUp>to be a member of the Commission; and, subject to subsection (6)(c) below, of the persons so appointed, at least one third shall be persons having knowledge or experience of deer management.</wrapUp></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-1-5-a"><num>(a)</num><intro>to have knowledge or experience of one or more of the following matters—</intro><level class="para2" eId="section-1-5-a-i"><num>(i)</num><content>deer management;</content></level><level class="para2" eId="section-1-5-a-ii"><num>(ii)</num><content>agriculture (including crofting);</content></level><level class="para2" eId="section-1-5-a-iii"><num>(iii)</num><content>forestry and woodland management; and</content></level><level class="para2" eId="section-1-5-a-iv"><num>(iv)</num><content>the natural heritage,</content></level><wrapUp>in so far as that matter may be affected by the Commission’s exercise of their functions; and</wrapUp></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-1-5-b"><num>(b)</num><content>generally, to be an appropriate person,</content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-6"><num>(6)</num><intro>Before making an appointment under subsection (5) above, the Secretary of State shall—</intro><level class="para1" eId="section-1-6-a"><num>(a)</num><content>afford to such organisations as appear to him to represent the interests of persons concerned with the matters mentioned in subsection (5)(a) above an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment;</content></level><level class="para1" eId="section-1-6-b"><num>(b)</num><content>consider any such suggestions; and</content></level><level class="para1" eId="section-1-6-c"><num>(c)</num><content>where names have been suggested by organisations representing the interests of deer managers, select the one third of the Commission referred to in subsection (5) above from among those names.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-1-7"><num>(7)</num><content>Schedule 1 to this Act (which makes supplementary provision with respect to the Commission) shall have effect.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-2"><num>2</num><heading>Advice and annual reports to Secretary of State</heading><subsection eId="section-2-1"><num>(1)</num><intro>The Commission shall—</intro><level class="para1" eId="section-2-1-a"><num>(a)</num><content>advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to them; and</content></level><level class="para1" eId="section-2-1-b"><num>(b)</num><content>bring to his attention any matter relating to deer of which in the opinion of the Commission he ought to be apprised.</content></level></subsection><subsection eId="section-2-2"><num>(2)</num><content>The Commission shall make an annual report to the Secretary of State on the exercise of their functions under this Act.</content></subsection><subsection eId="section-2-3"><num>(3)</num><content>The Secretary of State shall lay a copy of the report made under subsection (2) above before each House of Parliament, together with such comments as he may think fit to make.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-2-1"><num>(1)</num><intro>The Commission shall—</intro><level class="para1" eId="section-2-1-a"><num>(a)</num><content>advise the Secretary of State on any such matter relating to the purposes of this Act as he may refer to them; and</content></level><level class="para1" eId="section-2-1-b"><num>(b)</num><content>bring to his attention any matter relating to deer of which in the opinion of the Commission he ought to be apprised.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-2-2"><num>(2)</num><content>The Commission shall make an annual report to the Secretary of State on the exercise of their functions under this Act.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-2-3"><num>(3)</num><content>The Secretary of State shall lay a copy of the report made under subsection (2) above before each House of Parliament, together with such comments as he may think fit to make.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-3"><num>3</num><heading>Power of the Commission to facilitate exercise of functions</heading><subsection eId="section-3-1"><num>(1)</num><intro>The Commission shall have power—</intro><level class="para1" eId="section-3-1-a"><num>(a)</num><content>to issue guidance or advice, whether general or particular, to any person or organisation; and</content></level><level class="para1" eId="section-3-1-b"><num>(b)</num><intro>to conduct, or to collaborate with any person or organisation which is conducting—</intro><level class="para2" eId="section-3-1-b-i"><num>(i)</num><content>any research, inquiry or investigation into questions of practical or scientific importance; or</content></level><level class="para2" eId="section-3-1-b-ii"><num>(ii)</num><content>any experiment, trial or demonstration,</content></level><wrapUp>relating to the conservation, control or sustainable management of deer or to any other aspect of the Commission’s functions.</wrapUp></level></subsection><subsection eId="section-3-2"><num>(2)</num><content>For the avoidance of doubt, it is provided that the Commission may exercise the powers conferred by subsection (1) above in relation to the general welfare of deer, in so far as that matter is not otherwise included in their functions under this Act.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-3-1"><num>(1)</num><intro>The Commission shall have power—</intro><level class="para1" eId="section-3-1-a"><num>(a)</num><content>to issue guidance or advice, whether general or particular, to any person or organisation; and</content></level><level class="para1" eId="section-3-1-b"><num>(b)</num><intro>to conduct, or to collaborate with any person or organisation which is conducting—</intro><level class="para2" eId="section-3-1-b-i"><num>(i)</num><content>any research, inquiry or investigation into questions of practical or scientific importance; or</content></level><level class="para2" eId="section-3-1-b-ii"><num>(ii)</num><content>any experiment, trial or demonstration,</content></level><wrapUp>relating to the conservation, control or sustainable management of deer or to any other aspect of the Commission’s functions.</wrapUp></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-3-2"><num>(2)</num><content>For the avoidance of doubt, it is provided that the Commission may exercise the powers conferred by subsection (1) above in relation to the general welfare of deer, in so far as that matter is not otherwise included in their functions under this Act.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4"><num>4</num><heading>Appointment of panels</heading><subsection eId="section-4-1"><num>(1)</num><content>Subject to the approval of the Secretary of State, the Commission may appoint for any locality a panel for the purposes of this section consisting of such number of persons, not exceeding nine, as they consider appropriate, one of whom shall act as chairman.</content></subsection><subsection eId="section-4-2"><num>(2)</num><content>Before making an appointment under subsection (1) above, the Commission may afford to such persons or organisations as they think fit an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment.</content></subsection><subsection eId="section-4-3"><num>(3)</num><content>Where the Commission have sought suggestions as mentioned in subsection (2) above, they shall consider any such suggestions before making an appointment under subsection (1) above.</content></subsection><subsection eId="section-4-4"><num>(4)</num><intro>The Commission may appoint a member of the Commission or a member of the Commission’s staff to act as observer to the panel for the purposes of—</intro><level class="para1" eId="section-4-4-a"><num>(a)</num><content>sitting with the panel at any meeting;</content></level><level class="para1" eId="section-4-4-b"><num>(b)</num><content>taking part in their discussions; and</content></level><level class="para1" eId="section-4-4-c"><num>(c)</num><content>informing the Commission of information arising during and decisions taken at such meetings.</content></level></subsection><subsection eId="section-4-5"><num>(5)</num><content>An observer appointed under subsection (4) above shall not be a member of the panel.</content></subsection><subsection eId="section-4-6"><num>(6)</num><content>The Commission may refer to any such panel any matter relating to the functions of the Commission, and it shall be the duty of the panel to advise the Commission on the matter.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-1"><num>(1)</num><content>Subject to the approval of the Secretary of State, the Commission may appoint for any locality a panel for the purposes of this section consisting of such number of persons, not exceeding nine, as they consider appropriate, one of whom shall act as chairman.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-2"><num>(2)</num><content>Before making an appointment under subsection (1) above, the Commission may afford to such persons or organisations as they think fit an opportunity to suggest the name of any person who would in their view be an appropriate person for such an appointment.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-3"><num>(3)</num><content>Where the Commission have sought suggestions as mentioned in subsection (2) above, they shall consider any such suggestions before making an appointment under subsection (1) above.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-4"><num>(4)</num><intro>The Commission may appoint a member of the Commission or a member of the Commission’s staff to act as observer to the panel for the purposes of—</intro><level class="para1" eId="section-4-4-a"><num>(a)</num><content>sitting with the panel at any meeting;</content></level><level class="para1" eId="section-4-4-b"><num>(b)</num><content>taking part in their discussions; and</content></level><level class="para1" eId="section-4-4-c"><num>(c)</num><content>informing the Commission of information arising during and decisions taken at such meetings.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-5"><num>(5)</num><content>An observer appointed under subsection (4) above shall not be a member of the panel.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-4-6"><num>(6)</num><content>The Commission may refer to any such panel any matter relating to the functions of the Commission, and it shall be the duty of the panel to advise the Commission on the matter.</content></subsection>

<part xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" eId="part-II"><num>Part II</num><heading>Conservation, control and sustainable management of deer</heading><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-II-crossheading-close-seasons"><heading>Close seasons</heading><section eId="section-5"><num>5</num><heading>Close seasons</heading><subsection eId="section-5-1"><num>(1)</num><intro>The Secretary of State—</intro><level class="para1" eId="section-5-1-a"><num>(a)</num><content>shall, in relation to the female of every species of deer; and</content></level><level class="para1" eId="section-5-1-b"><num>(b)</num><content>may, in relation to the male of any species of deer,</content></level><wrapUp>by order fix a period in each year during which no person shall take or wilfully kill or injure any deer of the sex and species named in the order, and different periods may be so fixed in relation to different species and in relation to the male and female of any species.</wrapUp></subsection><subsection eId="section-5-2"><num>(2)</num><content>Before making an order under subsection (1) above, the Secretary of State may consult such persons or organisations as he thinks fit, or may direct the Commission to carry out such consultation on his behalf.</content></subsection><subsection eId="section-5-3"><num>(3)</num><intro>Where the Secretary of State has directed the Commission to carry out consultation on his behalf under subsection (2) above, they shall—</intro><level class="para1" eId="section-5-3-a"><num>(a)</num><content>report the results of that consultation, and</content></level><level class="para1" eId="section-5-3-b"><num>(b)</num><content>tender such advice as they may wish in relation to the making of an order under subsection (1) above,</content></level><wrapUp>to him within such period as he may so direct.</wrapUp></subsection><subsection eId="section-5-4"><num>(4)</num><content>Where the Secretary of State or the Commission have carried out consultation under subsection (2) or (3) above the Secretary of State shall have regard to the results of that consultation, and to any advice tendered by the Commission under subsection (3) above, before making an order under subsection (1) above.</content></subsection><subsection eId="section-5-5"><num>(5)</num><content>Subject to sections 14 and 25 of this Act and to subsections (6) and (7) below, any person who contravenes an order made under subsection (1) above shall be guilty of an offence.</content></subsection><subsection eId="section-5-6"><num>(6)</num><intro>Without prejudice to section 26, and subject to section 37, of this Act, and notwithstanding anything in any agreement between an occupier of land and the owner thereof, the Commission may authorise the owner or the occupier of any land or any person nominated in writing by either of them 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) above, where they are satisfied that—</intro><level class="para1" eId="section-5-6-a"><num>(a)</num><intro>the taking or killing is necessary—</intro><level class="para2" eId="section-5-6-a-i"><num>(i)</num><content>to prevent serious damage to any unenclosed woodland which forms part of that land, or serious damage, whether direct or indirect, to the natural heritage generally; or</content></level><level class="para2" eId="section-5-6-a-ii"><num>(ii)</num><content>in the interests of public safety; and</content></level></level><level class="para1" eId="section-5-6-b"><num>(b)</num><content>no other means of control which might reasonably be adopted in the circumstances would be adequate.</content></level></subsection><subsection eId="section-5-7"><num>(7)</num><content>Subject to section 37 of this Act, the Commission may, for any scientific purpose, authorise any person to take or kill deer during the period specified in relation to that sex and species of deer in an order under subsection (1) above.</content></subsection></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-II-crossheading-control-agreements-and-control-schemes"><heading>Control agreements and control schemes</heading><section eId="section-6"><num>6</num><heading>Control areas</heading><content>In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”.</content></section><section eId="section-7"><num>7</num><heading>Control agreements</heading><subsection eId="section-7-1"><num>(1)</num><intro>Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer—</intro><level class="para1" eId="section-7-1-a"><num>(a)</num><intro>have caused, are causing, or are likely to cause—</intro><level class="para2" eId="section-7-1-a-i"><num>(i)</num><content>damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or</content></level><level class="para2" eId="section-7-1-a-ii"><num>(ii)</num><content>injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level></level><level class="para1" eId="section-7-1-b"><num>(b)</num><content>have become a danger or a potential danger to public safety,</content></level><wrapUp>and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number, they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section and section 8 of this Act, “measures” includes the taking and removal of deer.</wrapUp></subsection><subsection eId="section-7-2"><num>(2)</num><content>For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.</content></subsection><subsection eId="section-7-3"><num>(3)</num><content>Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed.</content></subsection><subsection eId="section-7-4"><num>(4)</num><hcontainer name="wrapper2"><intro>After they have formed—</intro><level class="para1" eId="section-7-4-a"><num>(a)</num><content>the preliminary view mentioned in subsection (1) above; or</content></level><level class="para1" eId="section-7-4-b"><num>(b)</num><content>the view mentioned in subsection (3) above,</content></level></hcontainer><hcontainer name="wrapper2"><intro>the Commission shall consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—</intro><level class="para2" eId="section-7-4-i"><num>(i)</num><content>that measures require to be taken;</content></level><level class="para2" eId="section-7-4-ii"><num>(ii)</num><content>as to what measures require to be taken, and within what time limit;</content></level><level class="para2" eId="section-7-4-iii"><num>(iii)</num><content>as to who is to carry out such measures; and</content></level><level class="para2" eId="section-7-4-iv"><num>(iv)</num><content>as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.</content></level></hcontainer></subsection><subsection eId="section-7-5"><num>(5)</num><intro>Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—</intro><level class="para1" eId="section-7-5-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-7-5-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-7-5-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-7-5-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and</content></level><level class="para1" eId="section-7-5-e"><num>(e)</num><content>set out the time limits within which the owners or occupiers are to take any such measures,</content></level><wrapUp>and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.</wrapUp></subsection><subsection eId="section-7-6"><num>(6)</num><content>The Commission and any of the parties to a control agreement may agree at any time to vary its terms.</content></subsection></section><section eId="section-8"><num>8</num><heading>Control schemes</heading><subsection eId="section-8-1"><num>(1)</num><intro>Where the Commission are satisfied—</intro><level class="para1" eId="section-8-1-a"><num>(a)</num><intro>that—</intro><level class="para2" eId="section-8-1-a-i"><num>(i)</num><content>it is not possible to secure a control agreement; or</content></level><level class="para2" eId="section-8-1-a-ii"><num>(ii)</num><content>that a control agreement is not being carried out;</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="section-8-1-b"><num>(b)</num><intro>that—</intro><level class="para2" eId="section-8-1-b-i"><num>(i)</num><content>deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock, however caused, or have become and remain a danger to public safety; and</content></level><level class="para2" eId="section-8-1-b-ii"><num>(ii)</num><content>action is necessary to prevent such serious damage, serious injury, or danger,</content></level></level><wrapUp>they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes mentioned in subsection (1) or, as the case may be, subsection (3) of section 7 of this Act.</wrapUp></subsection><subsection eId="section-8-2"><num>(2)</num><content>Subsection (1) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage.</content></subsection><subsection eId="section-8-3"><num>(3)</num><intro>A control scheme shall—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-8-3-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-8-3-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of paragraphs (a) to (c) above;</content></level><level class="para1" eId="section-8-3-e"><num>(e)</num><content>prescribe time limits within which the owners or occupiers are to take any such measures as are mentioned in paragraph (d) above;</content></level><level class="para1" eId="section-8-3-f"><num>(f)</num><content>include any incidental, consequential or supplemental provisions that may be necessary.</content></level></subsection><subsection eId="section-8-4"><num>(4)</num><content>A control scheme may specify different measures to be taken by different owners or occupiers of land in the control area, and may provide for the extension of any time limit prescribed therein.</content></subsection><subsection eId="section-8-5"><num>(5)</num><content>Nothing in subsection (3) or (4) above shall empower the Commission to impose on any owner or occupier of land a requirement to construct a fence on his land or on any part of it against the movement of deer, and for the purposes of this section “fence” shall include any artificial obstruction.</content></subsection><subsection eId="section-8-6"><num>(6)</num><content>A control scheme shall require confirmation by the Secretary of State before it comes into operation; and Schedule 2 to this Act (which makes provision in relation to the making, confirmation, variation and revocation of control schemes) shall have effect.</content></subsection><subsection eId="section-8-7"><num>(7)</num><content>Where any control scheme has been confirmed, every owner or occupier shall take such measures as the scheme may require of him in accordance with its provisions.</content></subsection><subsection eId="section-8-8"><num>(8)</num><content>Where the Commission are of the opinion that any owner or occupier of land has failed to comply with subsection (7) above, they shall carry out the requirement, if they are satisfied that it is still necessary to do so; and where the carrying out of such a requirement involves the killing or taking of deer, the Commission shall have power to dispose by sale or otherwise of any deer so killed or taken.</content></subsection></section><section eId="section-9"><num>9</num><heading>Recovery of expenses incurred in fulfilment of control scheme</heading><subsection eId="section-9-1"><num>(1)</num><content>Where any expenses incurred by the Commission in the performance of their 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 them from the owner or occupier concerned.</content></subsection><subsection eId="section-9-2"><num>(2)</num><intro>The Commission shall furnish to any owner or occupier concerned a statement showing—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>the expenses incurred in the performance of their duty under the said section 8(8);</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><content>the amount received in respect of the sale of deer; and</content></level><level class="para1" eId="section-9-2-c"><num>(c)</num><content>the amount recoverable from any owner or occupier under this section.</content></level></subsection><subsection eId="section-9-3"><num>(3)</num><content>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.</content></subsection><subsection eId="section-9-4"><num>(4)</num><content>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.</content></subsection><subsection eId="section-9-5"><num>(5)</num><content>Subject to the approval of the Secretary of State, the Commission may, in any particular case, waive their right to any expenses recoverable under this section.</content></subsection></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-II-crossheading-emergency-measures"><heading>Emergency measures</heading><section eId="section-10"><num>10</num><heading>Emergency measures to prevent damage by deer</heading><subsection eId="section-10-1"><num>(1)</num><intro>This subsection applies where the Commission are satisfied—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><intro>that deer—</intro><level class="para2" eId="section-10-1-a-i"><num>(i)</num><content>are causing serious damage to woodland or to agricultural production, including any crops or foodstuffs; or</content></level><level class="para2" eId="section-10-1-a-ii"><num>(ii)</num><content>are causing injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level><level class="para2" eId="section-10-1-a-iii"><num>(iii)</num><content>constitute a danger or a potential danger to public safety;</content></level></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>that none of their other powers is adequate to deal with the situation; and</content></level><level class="para1" eId="section-10-1-c"><num>(c)</num><content>that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger.</content></level></subsection><subsection eId="section-10-2"><num>(2)</num><intro>Where subsection (1) applies and the Commission are satisfied that—</intro><level class="para1" eId="section-10-2-a"><num>(a)</num><content>the deer mentioned in that subsection come from particular land; and</content></level><level class="para1" eId="section-10-2-b"><num>(b)</num><content>any person having the right to kill deer on that land will forthwith undertake the killing of the deer so mentioned,</content></level><wrapUp>the Commission shall make a request in writing to that person to that effect.</wrapUp></subsection><subsection eId="section-10-3"><num>(3)</num><content>Where a request under subsection (2) above has been made to a person, the Commission shall not issue an authorisation under subsection (4) below unless it appears to them that he has become unable or unwilling to comply with the terms of the request.</content></subsection><subsection eId="section-10-4"><num>(4)</num><content>Subject to subsection (3) above, where subsection (1) above applies the Commission shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.</content></subsection><subsection eId="section-10-5"><num>(5)</num><content>Where, as mentioned in paragraph (a)(iii) of subsection (1) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them under subsection (4) above, the killing of the deer would itself constitute a potential danger to public safety, the person so authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.</content></subsection><subsection eId="section-10-6"><num>(6)</num><content>An authorisation under subsection (4) above shall remain in force from the date on which it is issued for such period, not exceeding twenty eight days, as may be specified in the authorisation.</content></subsection><subsection eId="section-10-7"><num>(7)</num><intro>Where the Commission—</intro><level class="para1" eId="section-10-7-a"><num>(a)</num><content>intend to issue an authorisation under subsection (4) above; and</content></level><level class="para1" eId="section-10-7-b"><num>(b)</num><content>are of the opinion that any person is likely to be on any land to be mentioned in that authorisation,</content></level><wrapUp>they shall as soon as practicable give to that person such warning of their intention as they consider necessary to prevent danger to him.</wrapUp></subsection><subsection eId="section-10-8"><num>(8)</num><content>The Commission shall give to the owner of any land which is to be mentioned in an authorisation under subsection (4) above such notice of their intention to issue such an authorisation as may be practicable.</content></subsection><subsection eId="section-10-9"><num>(9)</num><content>Without prejudice to section 16 of this Act, any notice to be served under subsection (7) or (8) above on an owner of land shall, where an agent or employee is responsible for the management or farming of the land, be duly served if it is served on the said agent or employee.</content></subsection><subsection eId="section-10-10"><num>(10)</num><content>Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under subsection (4) above, the Commission shall have power to dispose of it by sale or otherwise.</content></subsection></section><section eId="section-11"><num>11</num><heading>Application of section 10 in relation to the natural heritage</heading><intro>Section 10 of this Act shall apply in relation to the natural heritage as it applies to woodland, where the Commission are satisfied that deer are causing serious damage to the natural heritage—</intro><level class="para1" eId="section-11-a"><num>(a)</num><content>on enclosed land; or</content></level><level class="para1" eId="section-11-b"><num>(b)</num><content>on unenclosed land, but only if the Commission are also satisfied that the damage is being caused by reason of the presence on the land in question of a significantly higher density of deer population than is usual in all the circumstances.</content></level></section></hcontainer><hcontainer name="crossheading" ukl:Name="Pblock" eId="part-II-crossheading-control-agreements-control-schemes-and-emergency-measures-supplementary-provisions"><heading>Control agreements, control schemes and emergency measures: supplementary provisions</heading><section eId="section-12"><num>12</num><heading>Power of Commission to provide services and equipment and to make certain payments</heading><subsection eId="section-12-1"><num>(1)</num><intro>The Commission may by agreement with any owner or occupier of land assist in or undertake, whether in pursuance of a control agreement, a control scheme or otherwise—</intro><level class="para1" eId="section-12-1-a"><num>(a)</num><content>the taking or killing of deer; and</content></level><level class="para1" eId="section-12-1-b"><num>(b)</num><content>the disposal of deer or their carcases.</content></level></subsection><subsection eId="section-12-2"><num>(2)</num><content>An agreement under subsection (1) above may make provision for the providing of equipment by the Commission.</content></subsection><subsection eId="section-12-3"><num>(3)</num><content>An agreement under subsection (1) above shall, unless the Commission with the approval of the Secretary of State otherwise decide, make provision for the payment of any expenses incurred by the Commission under the agreement.</content></subsection><subsection eId="section-12-4"><num>(4)</num><content>The Commission may make in respect of the services of any person, who is not a member of staff of the Commission, authorised by them under section 10 of this Act such payment as may be agreed.</content></subsection></section><section eId="section-13"><num>13</num><heading>Offences in relation to Part II</heading><subsection eId="section-13-1"><num>(1)</num><content>Any person who refuses or wilfully fails to comply with any requirement laid upon him by a control scheme shall be guilty of an offence.</content></subsection><subsection eId="section-13-2"><num>(2)</num><content>A person who wilfully obstructs any person acting in the execution of this Part of this Act or of any authorisation issued under this Part, other than an authorisation under subsection (6) or (7) of section 5 of this Act, shall be guilty of an offence.</content></subsection></section><section eId="section-14"><num>14</num><heading>Limitation of criminal liability</heading><subsection eId="section-14-1"><num>(1)</num><intro>Subject to subsections (2) to (4) below, where a person performs an act at the request of or under the authority of the Commission in pursuance of—</intro><level class="para1" eId="section-14-1-a"><num>(a)</num><content>a control agreement;</content></level><level class="para1" eId="section-14-1-b"><num>(b)</num><content>a control scheme; or</content></level><level class="para1" eId="section-14-1-c"><num>(c)</num><content>section 10 of this Act,</content></level><wrapUp>he shall not by reason of that act be liable to be proceeded against under this Act.</wrapUp></subsection><subsection eId="section-14-2"><num>(2)</num><content>Where the act is performed by a member of the staff of the Commission in pursuance of section 10 of this Act, he shall be liable to be proceeded against if the act constitutes an offence under section 17(3) of this Act.</content></subsection><subsection eId="section-14-3"><num>(3)</num><intro>Where the act is performed by—</intro><level class="para1" eId="section-14-3-a"><num>(a)</num><content>a member of the staff of the Commission in pursuance of a control agreement or control scheme; or</content></level><level class="para1" eId="section-14-3-b"><num>(b)</num><content>any other person in pursuance of a control agreement, a control scheme or section 10 of this Act,</content></level><wrapUp>he shall be liable to be proceeded against if the act constitutes an offence under either section 17(3) or section 18(1) of this Act.</wrapUp></subsection><subsection eId="section-14-4"><num>(4)</num><content>In subsections (2) and (3)(a) above, “member of the staff of the Commission” includes any person engaged by the Commission under a contract for services.</content></subsection></section><section eId="section-15"><num>15</num><heading>Power to enter on land</heading><subsection eId="section-15-1"><num>(1)</num><content>For the purpose of the exercise of any of the functions of the Commission under section 10 of this Act, any person duly authorised in writing by the Commission shall have power at all reasonable times to enter upon any land.</content></subsection><subsection eId="section-15-2"><num>(2)</num><intro>A person authorised in writing by the Commission for the purposes mentioned in subsection (3) below shall have power at all reasonable times to enter upon any land where—</intro><level class="para1" eId="section-15-2-a"><num>(a)</num><content>notice has been given to the owner and to the occupier of the land that it is proposed to enter during a period specified in the notice, not exceeding one month beginning at least fourteen days after the giving of the notice; and</content></level><level class="para1" eId="section-15-2-b"><num>(b)</num><content>the exercise of that power takes place within the period so specified.</content></level></subsection><subsection eId="section-15-3"><num>(3)</num><intro>The purposes for which a person may be authorised by the Commission are—</intro><level class="para1" eId="section-15-3-a"><num>(a)</num><content>the taking of a census of deer in any area in pursuance of their functions under section 1(1) of this Act;</content></level><level class="para1" eId="section-15-3-b"><num>(b)</num><content>the determination of whether any of their functions under section 7 or 8 of this Act should be exercised;</content></level><level class="para1" eId="section-15-3-c"><num>(c)</num><content>the exercise of any such function under the said section 7 or 8;</content></level><level class="para1" eId="section-15-3-d"><num>(d)</num><content>the determination of how far and in what manner any requirement placed on any person by virtue of this Part of this Act has been complied with.</content></level></subsection><subsection eId="section-15-4"><num>(4)</num><content>Any person who proposes to exercise any power of entry conferred by this section shall, if so required, produce the written document authorising him for such purpose.</content></subsection></section><section eId="section-16"><num>16</num><heading>Service of notices</heading><subsection eId="section-16-1"><num>(1)</num><content>Subject to the provisions of this section, any notice for the purposes of this Act shall be in writing, and any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him or left at his proper address or sent to him by post.</content></subsection><subsection eId="section-16-2"><num>(2)</num><content>Any such notice or other document required or authorised to be served on any person for the purposes of this Act shall be duly served, if that person is an incorporated company or body, if it is served on the clerk or secretary of that company or body.</content></subsection><subsection eId="section-16-3"><num>(3)</num><content>For the purposes of this section and section 7 of the <noteRef href="#m00001" uk:name="commentary" ukl:Name="MarginNoteRef" class="commentary"/>Interpretation Act 1978, the proper address of any person on whom any such notice or document is to be served shall, in the case of the clerk or secretary of any incorporated company or body, be that of the registered or principal office of such company or body, and in any other case be the last known address of the person in question.</content></subsection><subsection eId="section-16-4"><num>(4)</num><content>Where any notice or other document is to be given to or served on a person as being the person having any interest in land and it is not practicable after reasonable inquiry to ascertain his name or address, the notice or document may be given or served by addressing it to him by the description of the person having that interest in the land (naming it) and delivering the notice or document to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.</content></subsection><subsection eId="section-16-5"><num>(5)</num><content>Nothing in this section shall require the Commission to give written notice of their intention to issue an authorisation in pursuance of section 10 of this Act.</content></subsection></section></hcontainer></part>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="part-II-crossheading-close-seasons"><heading>Close seasons</heading><section eId="section-5"><num>5</num><heading>Close seasons</heading><subsection eId="section-5-1"><num>(1)</num><intro>The Secretary of State—</intro><level class="para1" eId="section-5-1-a"><num>(a)</num><content>shall, in relation to the female of every species of deer; and</content></level><level class="para1" eId="section-5-1-b"><num>(b)</num><content>may, in relation to the male of any species of deer,</content></level><wrapUp>by order fix a period in each year during which no person shall take or wilfully kill or injure any deer of the sex and species named in the order, and different periods may be so fixed in relation to different species and in relation to the male and female of any species.</wrapUp></subsection><subsection eId="section-5-2"><num>(2)</num><content>Before making an order under subsection (1) above, the Secretary of State may consult such persons or organisations as he thinks fit, or may direct the Commission to carry out such consultation on his behalf.</content></subsection><subsection eId="section-5-3"><num>(3)</num><intro>Where the Secretary of State has directed the Commission to carry out consultation on his behalf under subsection (2) above, they shall—</intro><level class="para1" eId="section-5-3-a"><num>(a)</num><content>report the results of that consultation, and</content></level><level class="para1" eId="section-5-3-b"><num>(b)</num><content>tender such advice as they may wish in relation to the making of an order under subsection (1) above,</content></level><wrapUp>to him within such period as he may so direct.</wrapUp></subsection><subsection eId="section-5-4"><num>(4)</num><content>Where the Secretary of State or the Commission have carried out consultation under subsection (2) or (3) above the Secretary of State shall have regard to the results of that consultation, and to any advice tendered by the Commission under subsection (3) above, before making an order under subsection (1) above.</content></subsection><subsection eId="section-5-5"><num>(5)</num><content>Subject to sections 14 and 25 of this Act and to subsections (6) and (7) below, any person who contravenes an order made under subsection (1) above shall be guilty of an offence.</content></subsection><subsection eId="section-5-6"><num>(6)</num><intro>Without prejudice to section 26, and subject to section 37, of this Act, and notwithstanding anything in any agreement between an occupier of land and the owner thereof, the Commission may authorise the owner or the occupier of any land or any person nominated in writing by either of them 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) above, where they are satisfied that—</intro><level class="para1" eId="section-5-6-a"><num>(a)</num><intro>the taking or killing is necessary—</intro><level class="para2" eId="section-5-6-a-i"><num>(i)</num><content>to prevent serious damage to any unenclosed woodland which forms part of that land, or serious damage, whether direct or indirect, to the natural heritage generally; or</content></level><level class="para2" eId="section-5-6-a-ii"><num>(ii)</num><content>in the interests of public safety; and</content></level></level><level class="para1" eId="section-5-6-b"><num>(b)</num><content>no other means of control which might reasonably be adopted in the circumstances would be adequate.</content></level></subsection><subsection eId="section-5-7"><num>(7)</num><content>Subject to section 37 of this Act, the Commission may, for any scientific purpose, authorise any person to take or kill deer during the period specified in relation to that sex and species of deer in an order under subsection (1) above.</content></subsection></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5"><num>5</num><heading>Close seasons</heading><subsection eId="section-5-1"><num>(1)</num><intro>The Secretary of State—</intro><level class="para1" eId="section-5-1-a"><num>(a)</num><content>shall, in relation to the female of every species of deer; and</content></level><level class="para1" eId="section-5-1-b"><num>(b)</num><content>may, in relation to the male of any species of deer,</content></level><wrapUp>by order fix a period in each year during which no person shall take or wilfully kill or injure any deer of the sex and species named in the order, and different periods may be so fixed in relation to different species and in relation to the male and female of any species.</wrapUp></subsection><subsection eId="section-5-2"><num>(2)</num><content>Before making an order under subsection (1) above, the Secretary of State may consult such persons or organisations as he thinks fit, or may direct the Commission to carry out such consultation on his behalf.</content></subsection><subsection eId="section-5-3"><num>(3)</num><intro>Where the Secretary of State has directed the Commission to carry out consultation on his behalf under subsection (2) above, they shall—</intro><level class="para1" eId="section-5-3-a"><num>(a)</num><content>report the results of that consultation, and</content></level><level class="para1" eId="section-5-3-b"><num>(b)</num><content>tender such advice as they may wish in relation to the making of an order under subsection (1) above,</content></level><wrapUp>to him within such period as he may so direct.</wrapUp></subsection><subsection eId="section-5-4"><num>(4)</num><content>Where the Secretary of State or the Commission have carried out consultation under subsection (2) or (3) above the Secretary of State shall have regard to the results of that consultation, and to any advice tendered by the Commission under subsection (3) above, before making an order under subsection (1) above.</content></subsection><subsection eId="section-5-5"><num>(5)</num><content>Subject to sections 14 and 25 of this Act and to subsections (6) and (7) below, any person who contravenes an order made under subsection (1) above shall be guilty of an offence.</content></subsection><subsection eId="section-5-6"><num>(6)</num><intro>Without prejudice to section 26, and subject to section 37, of this Act, and notwithstanding anything in any agreement between an occupier of land and the owner thereof, the Commission may authorise the owner or the occupier of any land or any person nominated in writing by either of them 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) above, where they are satisfied that—</intro><level class="para1" eId="section-5-6-a"><num>(a)</num><intro>the taking or killing is necessary—</intro><level class="para2" eId="section-5-6-a-i"><num>(i)</num><content>to prevent serious damage to any unenclosed woodland which forms part of that land, or serious damage, whether direct or indirect, to the natural heritage generally; or</content></level><level class="para2" eId="section-5-6-a-ii"><num>(ii)</num><content>in the interests of public safety; and</content></level></level><level class="para1" eId="section-5-6-b"><num>(b)</num><content>no other means of control which might reasonably be adopted in the circumstances would be adequate.</content></level></subsection><subsection eId="section-5-7"><num>(7)</num><content>Subject to section 37 of this Act, the Commission may, for any scientific purpose, authorise any person to take or kill deer during the period specified in relation to that sex and species of deer in an order under subsection (1) above.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-1"><num>(1)</num><intro>The Secretary of State—</intro><level class="para1" eId="section-5-1-a"><num>(a)</num><content>shall, in relation to the female of every species of deer; and</content></level><level class="para1" eId="section-5-1-b"><num>(b)</num><content>may, in relation to the male of any species of deer,</content></level><wrapUp>by order fix a period in each year during which no person shall take or wilfully kill or injure any deer of the sex and species named in the order, and different periods may be so fixed in relation to different species and in relation to the male and female of any species.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-2"><num>(2)</num><content>Before making an order under subsection (1) above, the Secretary of State may consult such persons or organisations as he thinks fit, or may direct the Commission to carry out such consultation on his behalf.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-3"><num>(3)</num><intro>Where the Secretary of State has directed the Commission to carry out consultation on his behalf under subsection (2) above, they shall—</intro><level class="para1" eId="section-5-3-a"><num>(a)</num><content>report the results of that consultation, and</content></level><level class="para1" eId="section-5-3-b"><num>(b)</num><content>tender such advice as they may wish in relation to the making of an order under subsection (1) above,</content></level><wrapUp>to him within such period as he may so direct.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-4"><num>(4)</num><content>Where the Secretary of State or the Commission have carried out consultation under subsection (2) or (3) above the Secretary of State shall have regard to the results of that consultation, and to any advice tendered by the Commission under subsection (3) above, before making an order under subsection (1) above.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-5"><num>(5)</num><content>Subject to sections 14 and 25 of this Act and to subsections (6) and (7) below, any person who contravenes an order made under subsection (1) above shall be guilty of an offence.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-6"><num>(6)</num><intro>Without prejudice to section 26, and subject to section 37, of this Act, and notwithstanding anything in any agreement between an occupier of land and the owner thereof, the Commission may authorise the owner or the occupier of any land or any person nominated in writing by either of them 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) above, where they are satisfied that—</intro><level class="para1" eId="section-5-6-a"><num>(a)</num><intro>the taking or killing is necessary—</intro><level class="para2" eId="section-5-6-a-i"><num>(i)</num><content>to prevent serious damage to any unenclosed woodland which forms part of that land, or serious damage, whether direct or indirect, to the natural heritage generally; or</content></level><level class="para2" eId="section-5-6-a-ii"><num>(ii)</num><content>in the interests of public safety; and</content></level></level><level class="para1" eId="section-5-6-b"><num>(b)</num><content>no other means of control which might reasonably be adopted in the circumstances would be adequate.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-5-7"><num>(7)</num><content>Subject to section 37 of this Act, the Commission may, for any scientific purpose, authorise any person to take or kill deer during the period specified in relation to that sex and species of deer in an order under subsection (1) above.</content></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="part-II-crossheading-control-agreements-and-control-schemes"><heading>Control agreements and control schemes</heading><section eId="section-6"><num>6</num><heading>Control areas</heading><content>In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”.</content></section><section eId="section-7"><num>7</num><heading>Control agreements</heading><subsection eId="section-7-1"><num>(1)</num><intro>Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer—</intro><level class="para1" eId="section-7-1-a"><num>(a)</num><intro>have caused, are causing, or are likely to cause—</intro><level class="para2" eId="section-7-1-a-i"><num>(i)</num><content>damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or</content></level><level class="para2" eId="section-7-1-a-ii"><num>(ii)</num><content>injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level></level><level class="para1" eId="section-7-1-b"><num>(b)</num><content>have become a danger or a potential danger to public safety,</content></level><wrapUp>and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number, they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section and section 8 of this Act, “measures” includes the taking and removal of deer.</wrapUp></subsection><subsection eId="section-7-2"><num>(2)</num><content>For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.</content></subsection><subsection eId="section-7-3"><num>(3)</num><content>Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed.</content></subsection><subsection eId="section-7-4"><num>(4)</num><hcontainer name="wrapper2"><intro>After they have formed—</intro><level class="para1" eId="section-7-4-a"><num>(a)</num><content>the preliminary view mentioned in subsection (1) above; or</content></level><level class="para1" eId="section-7-4-b"><num>(b)</num><content>the view mentioned in subsection (3) above,</content></level></hcontainer><hcontainer name="wrapper2"><intro>the Commission shall consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—</intro><level class="para2" eId="section-7-4-i"><num>(i)</num><content>that measures require to be taken;</content></level><level class="para2" eId="section-7-4-ii"><num>(ii)</num><content>as to what measures require to be taken, and within what time limit;</content></level><level class="para2" eId="section-7-4-iii"><num>(iii)</num><content>as to who is to carry out such measures; and</content></level><level class="para2" eId="section-7-4-iv"><num>(iv)</num><content>as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.</content></level></hcontainer></subsection><subsection eId="section-7-5"><num>(5)</num><intro>Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—</intro><level class="para1" eId="section-7-5-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-7-5-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-7-5-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-7-5-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and</content></level><level class="para1" eId="section-7-5-e"><num>(e)</num><content>set out the time limits within which the owners or occupiers are to take any such measures,</content></level><wrapUp>and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.</wrapUp></subsection><subsection eId="section-7-6"><num>(6)</num><content>The Commission and any of the parties to a control agreement may agree at any time to vary its terms.</content></subsection></section><section eId="section-8"><num>8</num><heading>Control schemes</heading><subsection eId="section-8-1"><num>(1)</num><intro>Where the Commission are satisfied—</intro><level class="para1" eId="section-8-1-a"><num>(a)</num><intro>that—</intro><level class="para2" eId="section-8-1-a-i"><num>(i)</num><content>it is not possible to secure a control agreement; or</content></level><level class="para2" eId="section-8-1-a-ii"><num>(ii)</num><content>that a control agreement is not being carried out;</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="section-8-1-b"><num>(b)</num><intro>that—</intro><level class="para2" eId="section-8-1-b-i"><num>(i)</num><content>deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock, however caused, or have become and remain a danger to public safety; and</content></level><level class="para2" eId="section-8-1-b-ii"><num>(ii)</num><content>action is necessary to prevent such serious damage, serious injury, or danger,</content></level></level><wrapUp>they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes mentioned in subsection (1) or, as the case may be, subsection (3) of section 7 of this Act.</wrapUp></subsection><subsection eId="section-8-2"><num>(2)</num><content>Subsection (1) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage.</content></subsection><subsection eId="section-8-3"><num>(3)</num><intro>A control scheme shall—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-8-3-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-8-3-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of paragraphs (a) to (c) above;</content></level><level class="para1" eId="section-8-3-e"><num>(e)</num><content>prescribe time limits within which the owners or occupiers are to take any such measures as are mentioned in paragraph (d) above;</content></level><level class="para1" eId="section-8-3-f"><num>(f)</num><content>include any incidental, consequential or supplemental provisions that may be necessary.</content></level></subsection><subsection eId="section-8-4"><num>(4)</num><content>A control scheme may specify different measures to be taken by different owners or occupiers of land in the control area, and may provide for the extension of any time limit prescribed therein.</content></subsection><subsection eId="section-8-5"><num>(5)</num><content>Nothing in subsection (3) or (4) above shall empower the Commission to impose on any owner or occupier of land a requirement to construct a fence on his land or on any part of it against the movement of deer, and for the purposes of this section “fence” shall include any artificial obstruction.</content></subsection><subsection eId="section-8-6"><num>(6)</num><content>A control scheme shall require confirmation by the Secretary of State before it comes into operation; and Schedule 2 to this Act (which makes provision in relation to the making, confirmation, variation and revocation of control schemes) shall have effect.</content></subsection><subsection eId="section-8-7"><num>(7)</num><content>Where any control scheme has been confirmed, every owner or occupier shall take such measures as the scheme may require of him in accordance with its provisions.</content></subsection><subsection eId="section-8-8"><num>(8)</num><content>Where the Commission are of the opinion that any owner or occupier of land has failed to comply with subsection (7) above, they shall carry out the requirement, if they are satisfied that it is still necessary to do so; and where the carrying out of such a requirement involves the killing or taking of deer, the Commission shall have power to dispose by sale or otherwise of any deer so killed or taken.</content></subsection></section><section eId="section-9"><num>9</num><heading>Recovery of expenses incurred in fulfilment of control scheme</heading><subsection eId="section-9-1"><num>(1)</num><content>Where any expenses incurred by the Commission in the performance of their 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 them from the owner or occupier concerned.</content></subsection><subsection eId="section-9-2"><num>(2)</num><intro>The Commission shall furnish to any owner or occupier concerned a statement showing—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>the expenses incurred in the performance of their duty under the said section 8(8);</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><content>the amount received in respect of the sale of deer; and</content></level><level class="para1" eId="section-9-2-c"><num>(c)</num><content>the amount recoverable from any owner or occupier under this section.</content></level></subsection><subsection eId="section-9-3"><num>(3)</num><content>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.</content></subsection><subsection eId="section-9-4"><num>(4)</num><content>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.</content></subsection><subsection eId="section-9-5"><num>(5)</num><content>Subject to the approval of the Secretary of State, the Commission may, in any particular case, waive their right to any expenses recoverable under this section.</content></subsection></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-6"><num>6</num><heading>Control areas</heading><content>In this Act the area to which a control agreement or a control scheme relates is, in relation to that agreement or, as the case may be, scheme, referred to as the “control area”.</content></section>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7"><num>7</num><heading>Control agreements</heading><subsection eId="section-7-1"><num>(1)</num><intro>Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer—</intro><level class="para1" eId="section-7-1-a"><num>(a)</num><intro>have caused, are causing, or are likely to cause—</intro><level class="para2" eId="section-7-1-a-i"><num>(i)</num><content>damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or</content></level><level class="para2" eId="section-7-1-a-ii"><num>(ii)</num><content>injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level></level><level class="para1" eId="section-7-1-b"><num>(b)</num><content>have become a danger or a potential danger to public safety,</content></level><wrapUp>and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number, they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section and section 8 of this Act, “measures” includes the taking and removal of deer.</wrapUp></subsection><subsection eId="section-7-2"><num>(2)</num><content>For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.</content></subsection><subsection eId="section-7-3"><num>(3)</num><content>Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed.</content></subsection><subsection eId="section-7-4"><num>(4)</num><hcontainer name="wrapper2"><intro>After they have formed—</intro><level class="para1" eId="section-7-4-a"><num>(a)</num><content>the preliminary view mentioned in subsection (1) above; or</content></level><level class="para1" eId="section-7-4-b"><num>(b)</num><content>the view mentioned in subsection (3) above,</content></level></hcontainer><hcontainer name="wrapper2"><intro>the Commission shall consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—</intro><level class="para2" eId="section-7-4-i"><num>(i)</num><content>that measures require to be taken;</content></level><level class="para2" eId="section-7-4-ii"><num>(ii)</num><content>as to what measures require to be taken, and within what time limit;</content></level><level class="para2" eId="section-7-4-iii"><num>(iii)</num><content>as to who is to carry out such measures; and</content></level><level class="para2" eId="section-7-4-iv"><num>(iv)</num><content>as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.</content></level></hcontainer></subsection><subsection eId="section-7-5"><num>(5)</num><intro>Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—</intro><level class="para1" eId="section-7-5-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-7-5-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-7-5-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-7-5-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and</content></level><level class="para1" eId="section-7-5-e"><num>(e)</num><content>set out the time limits within which the owners or occupiers are to take any such measures,</content></level><wrapUp>and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.</wrapUp></subsection><subsection eId="section-7-6"><num>(6)</num><content>The Commission and any of the parties to a control agreement may agree at any time to vary its terms.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-1"><num>(1)</num><intro>Subject to the following provisions of this section, where the Commission are satisfied that, on any land, deer—</intro><level class="para1" eId="section-7-1-a"><num>(a)</num><intro>have caused, are causing, or are likely to cause—</intro><level class="para2" eId="section-7-1-a-i"><num>(i)</num><content>damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or</content></level><level class="para2" eId="section-7-1-a-ii"><num>(ii)</num><content>injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level></level><level class="para1" eId="section-7-1-b"><num>(b)</num><content>have become a danger or a potential danger to public safety,</content></level><wrapUp>and that for the prevention of further such damage, injury or, as the case may be, danger or potential danger, the deer in that locality should be reduced in number, they shall form a preliminary view, having due regard to the nature and character of the land in question, as to what measures should be taken for that reduction in number; and, for the purposes of this section and section 8 of this Act, “measures” includes the taking and removal of deer.</wrapUp></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-7-1-a"><num>(a)</num><intro>have caused, are causing, or are likely to cause—</intro><level class="para2" eId="section-7-1-a-i"><num>(i)</num><content>damage to woodland, to agricultural production, including any crops or foodstuffs, or, whether directly or indirectly, to the natural heritage generally; or</content></level><level class="para2" eId="section-7-1-a-ii"><num>(ii)</num><content>injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-7-1-b"><num>(b)</num><content>have become a danger or a potential danger to public safety,</content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-2"><num>(2)</num><content>For the purposes of subsection (1) above “the natural heritage” includes any alteration or enhancement of the natural heritage which is taking place, or is proposed to take place, either naturally or as a result of a change of use determined by the owner or occupier of the land in question; and “damage” shall be construed accordingly.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-3"><num>(3)</num><content>Where it appears to the Commission that the circumstances obtaining in a particular area require the complete exclusion of all deer, or of all deer of any species, from that area, they may form the view that any deer within that area should be taken, removed or killed.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-4"><num>(4)</num><hcontainer name="wrapper2"><intro>After they have formed—</intro><level class="para1" eId="section-7-4-a"><num>(a)</num><content>the preliminary view mentioned in subsection (1) above; or</content></level><level class="para1" eId="section-7-4-b"><num>(b)</num><content>the view mentioned in subsection (3) above,</content></level></hcontainer><hcontainer name="wrapper2"><intro>the Commission shall consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—</intro><level class="para2" eId="section-7-4-i"><num>(i)</num><content>that measures require to be taken;</content></level><level class="para2" eId="section-7-4-ii"><num>(ii)</num><content>as to what measures require to be taken, and within what time limit;</content></level><level class="para2" eId="section-7-4-iii"><num>(iii)</num><content>as to who is to carry out such measures; and</content></level><level class="para2" eId="section-7-4-iv"><num>(iv)</num><content>as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.</content></level></hcontainer></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="wrapper2"><intro>After they have formed—</intro><level class="para1" eId="section-7-4-a"><num>(a)</num><content>the preliminary view mentioned in subsection (1) above; or</content></level><level class="para1" eId="section-7-4-b"><num>(b)</num><content>the view mentioned in subsection (3) above,</content></level></hcontainer>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" name="wrapper2"><intro>the Commission shall consult with such owners or occupiers of land as the Commission consider to be substantially interested, to secure agreement—</intro><level class="para2" eId="section-7-4-i"><num>(i)</num><content>that measures require to be taken;</content></level><level class="para2" eId="section-7-4-ii"><num>(ii)</num><content>as to what measures require to be taken, and within what time limit;</content></level><level class="para2" eId="section-7-4-iii"><num>(iii)</num><content>as to who is to carry out such measures; and</content></level><level class="para2" eId="section-7-4-iv"><num>(iv)</num><content>as to any other matters which appear to the Commission to be necessary for the purposes of such an agreement.</content></level></hcontainer>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-5"><num>(5)</num><intro>Where agreement is reached on the matters mentioned in subsection (4) above the Commission shall draw up an agreement (a “control agreement”) specifying the parties to it, and any such control agreement may—</intro><level class="para1" eId="section-7-5-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-7-5-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-7-5-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-7-5-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and</content></level><level class="para1" eId="section-7-5-e"><num>(e)</num><content>set out the time limits within which the owners or occupiers are to take any such measures,</content></level><wrapUp>and the Commission shall send a copy of the control agreement to all the persons who were involved in the consultation referred to in subsection (4) above.</wrapUp></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-7-5-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-7-5-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-7-5-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-7-5-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of the agreement; and</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-7-5-e"><num>(e)</num><content>set out the time limits within which the owners or occupiers are to take any such measures,</content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-7-6"><num>(6)</num><content>The Commission and any of the parties to a control agreement may agree at any time to vary its terms.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8"><num>8</num><heading>Control schemes</heading><subsection eId="section-8-1"><num>(1)</num><intro>Where the Commission are satisfied—</intro><level class="para1" eId="section-8-1-a"><num>(a)</num><intro>that—</intro><level class="para2" eId="section-8-1-a-i"><num>(i)</num><content>it is not possible to secure a control agreement; or</content></level><level class="para2" eId="section-8-1-a-ii"><num>(ii)</num><content>that a control agreement is not being carried out;</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="section-8-1-b"><num>(b)</num><intro>that—</intro><level class="para2" eId="section-8-1-b-i"><num>(i)</num><content>deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock, however caused, or have become and remain a danger to public safety; and</content></level><level class="para2" eId="section-8-1-b-ii"><num>(ii)</num><content>action is necessary to prevent such serious damage, serious injury, or danger,</content></level></level><wrapUp>they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes mentioned in subsection (1) or, as the case may be, subsection (3) of section 7 of this Act.</wrapUp></subsection><subsection eId="section-8-2"><num>(2)</num><content>Subsection (1) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage.</content></subsection><subsection eId="section-8-3"><num>(3)</num><intro>A control scheme shall—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-8-3-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-8-3-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of paragraphs (a) to (c) above;</content></level><level class="para1" eId="section-8-3-e"><num>(e)</num><content>prescribe time limits within which the owners or occupiers are to take any such measures as are mentioned in paragraph (d) above;</content></level><level class="para1" eId="section-8-3-f"><num>(f)</num><content>include any incidental, consequential or supplemental provisions that may be necessary.</content></level></subsection><subsection eId="section-8-4"><num>(4)</num><content>A control scheme may specify different measures to be taken by different owners or occupiers of land in the control area, and may provide for the extension of any time limit prescribed therein.</content></subsection><subsection eId="section-8-5"><num>(5)</num><content>Nothing in subsection (3) or (4) above shall empower the Commission to impose on any owner or occupier of land a requirement to construct a fence on his land or on any part of it against the movement of deer, and for the purposes of this section “fence” shall include any artificial obstruction.</content></subsection><subsection eId="section-8-6"><num>(6)</num><content>A control scheme shall require confirmation by the Secretary of State before it comes into operation; and Schedule 2 to this Act (which makes provision in relation to the making, confirmation, variation and revocation of control schemes) shall have effect.</content></subsection><subsection eId="section-8-7"><num>(7)</num><content>Where any control scheme has been confirmed, every owner or occupier shall take such measures as the scheme may require of him in accordance with its provisions.</content></subsection><subsection eId="section-8-8"><num>(8)</num><content>Where the Commission are of the opinion that any owner or occupier of land has failed to comply with subsection (7) above, they shall carry out the requirement, if they are satisfied that it is still necessary to do so; and where the carrying out of such a requirement involves the killing or taking of deer, the Commission shall have power to dispose by sale or otherwise of any deer so killed or taken.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-1"><num>(1)</num><intro>Where the Commission are satisfied—</intro><level class="para1" eId="section-8-1-a"><num>(a)</num><intro>that—</intro><level class="para2" eId="section-8-1-a-i"><num>(i)</num><content>it is not possible to secure a control agreement; or</content></level><level class="para2" eId="section-8-1-a-ii"><num>(ii)</num><content>that a control agreement is not being carried out;</content></level><wrapUp>and</wrapUp></level><level class="para1" eId="section-8-1-b"><num>(b)</num><intro>that—</intro><level class="para2" eId="section-8-1-b-i"><num>(i)</num><content>deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock, however caused, or have become and remain a danger to public safety; and</content></level><level class="para2" eId="section-8-1-b-ii"><num>(ii)</num><content>action is necessary to prevent such serious damage, serious injury, or danger,</content></level></level><wrapUp>they shall make a scheme (a “control scheme”) for the carrying out of such measures as they consider necessary for the purposes mentioned in subsection (1) or, as the case may be, subsection (3) of section 7 of this Act.</wrapUp></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-1-a"><num>(a)</num><intro>that—</intro><level class="para2" eId="section-8-1-a-i"><num>(i)</num><content>it is not possible to secure a control agreement; or</content></level><level class="para2" eId="section-8-1-a-ii"><num>(ii)</num><content>that a control agreement is not being carried out;</content></level><wrapUp>and</wrapUp></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-1-b"><num>(b)</num><intro>that—</intro><level class="para2" eId="section-8-1-b-i"><num>(i)</num><content>deer have caused and are causing serious damage to woodland or to agricultural production, including crops and foodstuffs, or serious damage, whether directly or indirectly, to the natural heritage, or serious injury to livestock, however caused, or have become and remain a danger to public safety; and</content></level><level class="para2" eId="section-8-1-b-ii"><num>(ii)</num><content>action is necessary to prevent such serious damage, serious injury, or danger,</content></level></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-2"><num>(2)</num><content>Subsection (1) above does not apply in relation to any control agreement proposed or entered into for the purpose of altering or enhancing the natural heritage.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-3"><num>(3)</num><intro>A control scheme shall—</intro><level class="para1" eId="section-8-3-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level><level class="para1" eId="section-8-3-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level><level class="para1" eId="section-8-3-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level><level class="para1" eId="section-8-3-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of paragraphs (a) to (c) above;</content></level><level class="para1" eId="section-8-3-e"><num>(e)</num><content>prescribe time limits within which the owners or occupiers are to take any such measures as are mentioned in paragraph (d) above;</content></level><level class="para1" eId="section-8-3-f"><num>(f)</num><content>include any incidental, consequential or supplemental provisions that may be necessary.</content></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-3-a"><num>(a)</num><content>describe the control area by reference to a map and specify the approximate extent of that area;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-3-b"><num>(b)</num><content>specify the measures which are to be taken in relation to the deer in that area or any part of it;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-3-c"><num>(c)</num><content>specify, where the deer are to be reduced in number, the number and, if necessary in the opinion of the Commission, the species, sex and class, of the deer to be killed in or taken and removed from the control area or any part of it, and the limit on the number of deer of each species, sex or class to be allowed to be established in the control area or any part of it;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-3-d"><num>(d)</num><content>specify the measures which are to be taken by the owners or occupiers for the time being of land in the control area or any of them for the purposes of paragraphs (a) to (c) above;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-3-e"><num>(e)</num><content>prescribe time limits within which the owners or occupiers are to take any such measures as are mentioned in paragraph (d) above;</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-8-3-f"><num>(f)</num><content>include any incidental, consequential or supplemental provisions that may be necessary.</content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-4"><num>(4)</num><content>A control scheme may specify different measures to be taken by different owners or occupiers of land in the control area, and may provide for the extension of any time limit prescribed therein.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-5"><num>(5)</num><content>Nothing in subsection (3) or (4) above shall empower the Commission to impose on any owner or occupier of land a requirement to construct a fence on his land or on any part of it against the movement of deer, and for the purposes of this section “fence” shall include any artificial obstruction.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-6"><num>(6)</num><content>A control scheme shall require confirmation by the Secretary of State before it comes into operation; and Schedule 2 to this Act (which makes provision in relation to the making, confirmation, variation and revocation of control schemes) shall have effect.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-7"><num>(7)</num><content>Where any control scheme has been confirmed, every owner or occupier shall take such measures as the scheme may require of him in accordance with its provisions.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-8-8"><num>(8)</num><content>Where the Commission are of the opinion that any owner or occupier of land has failed to comply with subsection (7) above, they shall carry out the requirement, if they are satisfied that it is still necessary to do so; and where the carrying out of such a requirement involves the killing or taking of deer, the Commission shall have power to dispose by sale or otherwise of any deer so killed or taken.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9"><num>9</num><heading>Recovery of expenses incurred in fulfilment of control scheme</heading><subsection eId="section-9-1"><num>(1)</num><content>Where any expenses incurred by the Commission in the performance of their 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 them from the owner or occupier concerned.</content></subsection><subsection eId="section-9-2"><num>(2)</num><intro>The Commission shall furnish to any owner or occupier concerned a statement showing—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>the expenses incurred in the performance of their duty under the said section 8(8);</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><content>the amount received in respect of the sale of deer; and</content></level><level class="para1" eId="section-9-2-c"><num>(c)</num><content>the amount recoverable from any owner or occupier under this section.</content></level></subsection><subsection eId="section-9-3"><num>(3)</num><content>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.</content></subsection><subsection eId="section-9-4"><num>(4)</num><content>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.</content></subsection><subsection eId="section-9-5"><num>(5)</num><content>Subject to the approval of the Secretary of State, the Commission may, in any particular case, waive their right to any expenses recoverable under this section.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-1"><num>(1)</num><content>Where any expenses incurred by the Commission in the performance of their 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 them from the owner or occupier concerned.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-2"><num>(2)</num><intro>The Commission shall furnish to any owner or occupier concerned a statement showing—</intro><level class="para1" eId="section-9-2-a"><num>(a)</num><content>the expenses incurred in the performance of their duty under the said section 8(8);</content></level><level class="para1" eId="section-9-2-b"><num>(b)</num><content>the amount received in respect of the sale of deer; and</content></level><level class="para1" eId="section-9-2-c"><num>(c)</num><content>the amount recoverable from any owner or occupier under this section.</content></level></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-3"><num>(3)</num><content>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.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-4"><num>(4)</num><content>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.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-9-5"><num>(5)</num><content>Subject to the approval of the Secretary of State, the Commission may, in any particular case, waive their right to any expenses recoverable under this section.</content></subsection>

<hcontainer xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" name="crossheading" ukl:Name="Pblock" eId="part-II-crossheading-emergency-measures"><heading>Emergency measures</heading><section eId="section-10"><num>10</num><heading>Emergency measures to prevent damage by deer</heading><subsection eId="section-10-1"><num>(1)</num><intro>This subsection applies where the Commission are satisfied—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><intro>that deer—</intro><level class="para2" eId="section-10-1-a-i"><num>(i)</num><content>are causing serious damage to woodland or to agricultural production, including any crops or foodstuffs; or</content></level><level class="para2" eId="section-10-1-a-ii"><num>(ii)</num><content>are causing injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level><level class="para2" eId="section-10-1-a-iii"><num>(iii)</num><content>constitute a danger or a potential danger to public safety;</content></level></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>that none of their other powers is adequate to deal with the situation; and</content></level><level class="para1" eId="section-10-1-c"><num>(c)</num><content>that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger.</content></level></subsection><subsection eId="section-10-2"><num>(2)</num><intro>Where subsection (1) applies and the Commission are satisfied that—</intro><level class="para1" eId="section-10-2-a"><num>(a)</num><content>the deer mentioned in that subsection come from particular land; and</content></level><level class="para1" eId="section-10-2-b"><num>(b)</num><content>any person having the right to kill deer on that land will forthwith undertake the killing of the deer so mentioned,</content></level><wrapUp>the Commission shall make a request in writing to that person to that effect.</wrapUp></subsection><subsection eId="section-10-3"><num>(3)</num><content>Where a request under subsection (2) above has been made to a person, the Commission shall not issue an authorisation under subsection (4) below unless it appears to them that he has become unable or unwilling to comply with the terms of the request.</content></subsection><subsection eId="section-10-4"><num>(4)</num><content>Subject to subsection (3) above, where subsection (1) above applies the Commission shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.</content></subsection><subsection eId="section-10-5"><num>(5)</num><content>Where, as mentioned in paragraph (a)(iii) of subsection (1) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them under subsection (4) above, the killing of the deer would itself constitute a potential danger to public safety, the person so authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.</content></subsection><subsection eId="section-10-6"><num>(6)</num><content>An authorisation under subsection (4) above shall remain in force from the date on which it is issued for such period, not exceeding twenty eight days, as may be specified in the authorisation.</content></subsection><subsection eId="section-10-7"><num>(7)</num><intro>Where the Commission—</intro><level class="para1" eId="section-10-7-a"><num>(a)</num><content>intend to issue an authorisation under subsection (4) above; and</content></level><level class="para1" eId="section-10-7-b"><num>(b)</num><content>are of the opinion that any person is likely to be on any land to be mentioned in that authorisation,</content></level><wrapUp>they shall as soon as practicable give to that person such warning of their intention as they consider necessary to prevent danger to him.</wrapUp></subsection><subsection eId="section-10-8"><num>(8)</num><content>The Commission shall give to the owner of any land which is to be mentioned in an authorisation under subsection (4) above such notice of their intention to issue such an authorisation as may be practicable.</content></subsection><subsection eId="section-10-9"><num>(9)</num><content>Without prejudice to section 16 of this Act, any notice to be served under subsection (7) or (8) above on an owner of land shall, where an agent or employee is responsible for the management or farming of the land, be duly served if it is served on the said agent or employee.</content></subsection><subsection eId="section-10-10"><num>(10)</num><content>Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under subsection (4) above, the Commission shall have power to dispose of it by sale or otherwise.</content></subsection></section><section eId="section-11"><num>11</num><heading>Application of section 10 in relation to the natural heritage</heading><intro>Section 10 of this Act shall apply in relation to the natural heritage as it applies to woodland, where the Commission are satisfied that deer are causing serious damage to the natural heritage—</intro><level class="para1" eId="section-11-a"><num>(a)</num><content>on enclosed land; or</content></level><level class="para1" eId="section-11-b"><num>(b)</num><content>on unenclosed land, but only if the Commission are also satisfied that the damage is being caused by reason of the presence on the land in question of a significantly higher density of deer population than is usual in all the circumstances.</content></level></section></hcontainer>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10"><num>10</num><heading>Emergency measures to prevent damage by deer</heading><subsection eId="section-10-1"><num>(1)</num><intro>This subsection applies where the Commission are satisfied—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><intro>that deer—</intro><level class="para2" eId="section-10-1-a-i"><num>(i)</num><content>are causing serious damage to woodland or to agricultural production, including any crops or foodstuffs; or</content></level><level class="para2" eId="section-10-1-a-ii"><num>(ii)</num><content>are causing injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level><level class="para2" eId="section-10-1-a-iii"><num>(iii)</num><content>constitute a danger or a potential danger to public safety;</content></level></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>that none of their other powers is adequate to deal with the situation; and</content></level><level class="para1" eId="section-10-1-c"><num>(c)</num><content>that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger.</content></level></subsection><subsection eId="section-10-2"><num>(2)</num><intro>Where subsection (1) applies and the Commission are satisfied that—</intro><level class="para1" eId="section-10-2-a"><num>(a)</num><content>the deer mentioned in that subsection come from particular land; and</content></level><level class="para1" eId="section-10-2-b"><num>(b)</num><content>any person having the right to kill deer on that land will forthwith undertake the killing of the deer so mentioned,</content></level><wrapUp>the Commission shall make a request in writing to that person to that effect.</wrapUp></subsection><subsection eId="section-10-3"><num>(3)</num><content>Where a request under subsection (2) above has been made to a person, the Commission shall not issue an authorisation under subsection (4) below unless it appears to them that he has become unable or unwilling to comply with the terms of the request.</content></subsection><subsection eId="section-10-4"><num>(4)</num><content>Subject to subsection (3) above, where subsection (1) above applies the Commission shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.</content></subsection><subsection eId="section-10-5"><num>(5)</num><content>Where, as mentioned in paragraph (a)(iii) of subsection (1) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them under subsection (4) above, the killing of the deer would itself constitute a potential danger to public safety, the person so authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.</content></subsection><subsection eId="section-10-6"><num>(6)</num><content>An authorisation under subsection (4) above shall remain in force from the date on which it is issued for such period, not exceeding twenty eight days, as may be specified in the authorisation.</content></subsection><subsection eId="section-10-7"><num>(7)</num><intro>Where the Commission—</intro><level class="para1" eId="section-10-7-a"><num>(a)</num><content>intend to issue an authorisation under subsection (4) above; and</content></level><level class="para1" eId="section-10-7-b"><num>(b)</num><content>are of the opinion that any person is likely to be on any land to be mentioned in that authorisation,</content></level><wrapUp>they shall as soon as practicable give to that person such warning of their intention as they consider necessary to prevent danger to him.</wrapUp></subsection><subsection eId="section-10-8"><num>(8)</num><content>The Commission shall give to the owner of any land which is to be mentioned in an authorisation under subsection (4) above such notice of their intention to issue such an authorisation as may be practicable.</content></subsection><subsection eId="section-10-9"><num>(9)</num><content>Without prejudice to section 16 of this Act, any notice to be served under subsection (7) or (8) above on an owner of land shall, where an agent or employee is responsible for the management or farming of the land, be duly served if it is served on the said agent or employee.</content></subsection><subsection eId="section-10-10"><num>(10)</num><content>Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under subsection (4) above, the Commission shall have power to dispose of it by sale or otherwise.</content></subsection></section>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-1"><num>(1)</num><intro>This subsection applies where the Commission are satisfied—</intro><level class="para1" eId="section-10-1-a"><num>(a)</num><intro>that deer—</intro><level class="para2" eId="section-10-1-a-i"><num>(i)</num><content>are causing serious damage to woodland or to agricultural production, including any crops or foodstuffs; or</content></level><level class="para2" eId="section-10-1-a-ii"><num>(ii)</num><content>are causing injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level><level class="para2" eId="section-10-1-a-iii"><num>(iii)</num><content>constitute a danger or a potential danger to public safety;</content></level></level><level class="para1" eId="section-10-1-b"><num>(b)</num><content>that none of their other powers is adequate to deal with the situation; and</content></level><level class="para1" eId="section-10-1-c"><num>(c)</num><content>that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger.</content></level></subsection>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-10-1-a"><num>(a)</num><intro>that deer—</intro><level class="para2" eId="section-10-1-a-i"><num>(i)</num><content>are causing serious damage to woodland or to agricultural production, including any crops or foodstuffs; or</content></level><level class="para2" eId="section-10-1-a-ii"><num>(ii)</num><content>are causing injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise; or</content></level><level class="para2" eId="section-10-1-a-iii"><num>(iii)</num><content>constitute a danger or a potential danger to public safety;</content></level></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-10-1-b"><num>(b)</num><content>that none of their other powers is adequate to deal with the situation; and</content></level>

<level xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" class="para1" eId="section-10-1-c"><num>(c)</num><content>that the killing of the deer is necessary to prevent further such damage or injury or to remove the danger or potential danger.</content></level>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-2"><num>(2)</num><intro>Where subsection (1) applies and the Commission are satisfied that—</intro><level class="para1" eId="section-10-2-a"><num>(a)</num><content>the deer mentioned in that subsection come from particular land; and</content></level><level class="para1" eId="section-10-2-b"><num>(b)</num><content>any person having the right to kill deer on that land will forthwith undertake the killing of the deer so mentioned,</content></level><wrapUp>the Commission shall make a request in writing to that person to that effect.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-3"><num>(3)</num><content>Where a request under subsection (2) above has been made to a person, the Commission shall not issue an authorisation under subsection (4) below unless it appears to them that he has become unable or unwilling to comply with the terms of the request.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-4"><num>(4)</num><content>Subject to subsection (3) above, where subsection (1) above applies the Commission shall authorise in writing, subject to such conditions as may be specified in the authorisation, any person who in their opinion is competent to do so to follow and kill on such land as may be mentioned in the authorisation such deer as appear to that person to be causing the damage or injury or constituting the danger or potential danger.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-5"><num>(5)</num><content>Where, as mentioned in paragraph (a)(iii) of subsection (1) above, deer constitute a danger or potential danger to public safety, and, in the opinion of the Commission or the person authorised by them under subsection (4) above, the killing of the deer would itself constitute a potential danger to public safety, the person so authorised by the Commission shall instead take and remove the deer from the land in question by such means as are appropriate.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-6"><num>(6)</num><content>An authorisation under subsection (4) above shall remain in force from the date on which it is issued for such period, not exceeding twenty eight days, as may be specified in the authorisation.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-7"><num>(7)</num><intro>Where the Commission—</intro><level class="para1" eId="section-10-7-a"><num>(a)</num><content>intend to issue an authorisation under subsection (4) above; and</content></level><level class="para1" eId="section-10-7-b"><num>(b)</num><content>are of the opinion that any person is likely to be on any land to be mentioned in that authorisation,</content></level><wrapUp>they shall as soon as practicable give to that person such warning of their intention as they consider necessary to prevent danger to him.</wrapUp></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-8"><num>(8)</num><content>The Commission shall give to the owner of any land which is to be mentioned in an authorisation under subsection (4) above such notice of their intention to issue such an authorisation as may be practicable.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-9"><num>(9)</num><content>Without prejudice to section 16 of this Act, any notice to be served under subsection (7) or (8) above on an owner of land shall, where an agent or employee is responsible for the management or farming of the land, be duly served if it is served on the said agent or employee.</content></subsection>

<subsection xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-10-10"><num>(10)</num><content>Where any deer has been killed or taken and removed from land under an authorisation granted by the Commission under subsection (4) above, the Commission shall have power to dispose of it by sale or otherwise.</content></subsection>

<section xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" eId="section-11"><num>11</num><heading>Application of section 10 in relation to the natural heritage</heading><intro>Section 10 of this Act shall apply in relation to the natural heritage as it applies to woodland, where the Commission are satisfied that deer are causing serious damage to the natural heritage—</intro><level class="para1" eId="section-11-a"><num>(a)</num><content>on enclosed land; or</content></level><level class="para1" eId="section-11-b"><num>(b)</num><content>on unenclosed land, but only if the Commission are also satisfied that the damage is being caused by reason of the presence on the land in question of a significantly higher density of deer population than is usual in all the circumstances.</content></level></section>