Deer (Amendment) (Scotland) Act 1982 (repealed 18.11.1996)
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In sections 5(1), 7(1) and (2), 8(1) and (3), 11(1), 12(1), 14, 15(1) and 19 of the said Act of 1959 after the words “deer"wherever they occur there shall be inserted the words “ or sika deer" ”.
In section 4(a) of the said Act of 1959 the words “in the interests of conservation" shall be deleted.
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At the end of section 2(1) of the said Act of 1959 there shall be inserted the words “ ,and 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 purpose of sitting with the panel ay any meeting and of taking part in their discussions and of informing the Commission of information arising during and decisions taken at such meetings; such an observer shall not be a member of the panel." ”.
At the end of section 4 of the said Act of 1959 there shall be inserted the words “ (c) to support and to engage in research on questions of practical or scientific importance relating to red deer or sika deer or such other deer as may be specified from time to time by direction of the Secretary of State." ”.
Section 6 of the said Act of 1959 shall be amended as follows—
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in subsection (4) for the word “fourteen" there shall be substituted the word “ 28" ”.
In Schedule 1 to the said Act of 1959 there shall be inserted after paragraph 2 the following new paragraphs—
The said Act of 1959 shall be amended as follows—
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for subsection (2) of section 21 there shall be substituted the following subsection—
in section 22 at the end there shall be added the following new subsection—; and
in sections 22 and 23(1) after the word “kills" there shall be inserted the words “ or injures" ”.
After subsection (2) of section 23 of the said Act of 1959 there shall be inserted the following new subsections—
In subsection (3) of section 23 of the said Act of 1959 for the words “subsections (1) and (2)" there shall be substituted the words “ subsection (1), (2) or (2A)" ”.
After section 23(3) of the said Act of 1959 there shall be insereted the following new subsection—
After section 23 of the said Act of 1959 there shall be inserted the following new section—
In section 24 of the said Act of 1959, for “either of the two" there shall be substituted “ any of the three" ”.
After Part II of the said Act of 1959 there shall be inserted the following new Part—
In section 33(1) of the said Act of 1959 after the word “calf" there shall be inserted the words “ , fawn or kid" ”.
For section 33(3) and (4) of the said Act of 1959 there shall be substituted the following subsections—
Section 43(1) of the Agriculture (Scotland) Act 1948 is repealed.
The provisions of the said Act of 1959 specified in column 1 of Schedule 1 to this Act, which relate to the penalties or maximum penalties for the offences mentioned in those provisions, shall be amended in accordance with the amendments specified in column 2 of that Schedule; and in that Schedule column 3 shows the penalties or, as the case may be, maximum penalties in force immediately before the commencement of this section and column 4 shows the penalties or, as the case may be, maximum penalties resulting from the amendments.
Section 23(4) of the said Act of 1959 is repealed.
In section 27 of the said Act of 1959, in subsections (2) and (4) for the words “section twenty-four" there shall be susbtituted the words “ Part III or section 25D(1) or (3)" ”
The minor and consequential amendments contained in Schedule 2 to this Act shall have effect.
The provisions mentioned in column 1 of Schedule 3 to this Act are repealed to the extent provided for in column 3 of that Schedule.
This Act may be cited as the Deer (Amendment) (Scotland) Act 1982.
With the exception of section 15(1) of this Act insofar as it refers to paragraph 4 of Schedule 2 to this Act and that paragraph, which extend to England and Wales only, this Act extends only to Scotland.
This Act except the provisions mentioned in subsection (4) below shall come into force one month after it is passed.
Section 11 of this Act and the repeal in Schedule 3 to this Act of the Sale of Venison (Scotland) Act 1968 shall come into force at such date as the Secretary of State may by order prescribe, and different orders may be made in respect of different provisions.
Section 14. Enactment Amendment Present penalty New penalty 1 2 3 4 Section 5(2) (offences relating to returns of deer killed). For the words from “twenty pounds" to “fifty pounds" substitute the words “ £200" ”. (a) for a first offence, £20; (b) for a second or subsequent offence, £50 or 3 months or both. £200 or 3 months or both. Section 9(2) (failure to comply with requirements of control scheme). For the words from “fifty pounds" to “one hundred pounds" substitute the words “ £500" ”. (a) for a first offence, £50; (b) for a second or subsequent offence, £100 or 3 months or both. £500 or 3 months or both. Section 17 (obstructing an authorised person). For the words from “fifty pounds" to “one hundred pounds" substitute the words “ £200" ”. (a) for a first offence, £50; (b) for a second or subsequent offence, £100 or 3 months or both. £200 or 3 months or both. Section 21(5) (killing or injuring deer in close season). For the words from “twenty pounds" to “fifty pounds" substitute the words “ £500 for each deer in respect of which the offence was committed" ”, and at the end add the words “ and to the forfeiture of any deer in respect of which the offence was committed" ”. (a) for a first offence, £20; (b) for a second or subsequent offence, £50 or 3 months or both. £500 per deer or 3 months or both, and forfeiture of deer. Section 22 (poaching). For the words “twenty pounds" substitute the words “ £500 for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both" ”, and after the word “illegally" insert the words “ taken or" ”. £20 and forfeiture of deer. £500 per deer or 3 months or both, and forfeiture of deer. Section 23(3) (unlawful taking, killing or injuring of deer). For the words from “twenty pounds" to “fifty pounds" substitute the words “ £500 for each deer in respect of which the offence was committed" ”, and at the end add “ and to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence" ”. (a) for a first offence, £20; (b) for a second or subsequent offence, £50 or 3 months or both. £500 per deer or 3 months or both, and forfeiture of deer. Section 24 (unlawful taking, killing or injuring of deer, or breach of firearms order, by 2 or more persons). In paragraph (a), for the words from “fifty pounds" to “one hundred pounds" substiute the words “ in respect of each deer taken or killed the statutory maximum, which in this section means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act 1975" ”. On summary conviction— On summary conviction in respect of each deer taken or killed “the statutory maximum" (presently £1,000) or 6 months or both, and forfeiture of deer. (a) for a first offence, £50 or 3 months; (b) for a second or subsequent offence, £100 or 6 months or both. In paragraph (b), delete the words “not exceeding five hundred pounds". On conviction on indictment, £500 or 2 years or both. On conviction on indictment, an unlimited fine or 2 years or both, and forfeiture of deer. At the end of the section, add the words “ and on any conviction to the of any deer illegally taken or killed by him or in his possession at the time of the offence" ”. Section 26 (attempts to commit offences). At the end of the section, add the words “ ; except that in the case of preparatory acts, the penalty shall be a fine not exceeding £500 or imprisonment for a term not exceeding three months or both." ”. As for offence. As for offence, except for preparatory acts, where it is £500 or 3 months or both.
Section 15.
After section 28 of the Deer (Scotland) Act 1959 there shall be inserted the following new section—
In section 27(1) of the said Act of 1959, for the words “in pursuance of" there shall be substituted the words “ on conviction of an offence under" ”.
In section 35(1) of the said Act of 1959, at the beginning there shall be inserted the words “ Subject to section 23A(4) of this Act," ”.
Section 15. Column 1 Column 2 Column 3 1948 c. 45. Agriculture (Scotland) Act 1948. Sections 39 to 42 so far as relating to sika deer within the meaning of the Deer (Amendment) (Scotland) Act 1982 or to any hybrid mentioned in section 1(4) of that Act. Section 43(1). 1959 c. 40. Deer (Scotland) Act 1959. In section 4(a) the words “in the interests of conservation". In section 12, the word “such". Section 23(4). In section 24(b), the words “not exceeeding five hundred pounds". Section 29. 1968 c. 38. Sale of Venison (Scotland) Act 1968. The whole Act.