| Guvnor

Enforced by: NatureScot
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 14 of 20 obligations carry a criminal penalty. 1 carries different penalties and 5 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person12 Occupier3 Trader1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Occupier — also bound by 235 other Acts

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 47 duties

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 46 duties

The Welfare of Animals (Slaughter or Killing) Regulations 1995 34 duties

Highways Act 1980 23 duties

Nitrate Pollution Prevention Regulations 2015 19 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Scottish Natural Heritage's deer functions

2 of 4 sections shown

s.001 The Deer Commission for Scotland. Regulated

Other duties (1) — Crown / regulator

SNH must balance deer management with land use and safety interestsStatutory regulator

s.004 Appointment of panels. Regulated

Other duties (1) — Crown / regulator

NatureScot must consider suggestions for panel appointments when it seeks themStatutory regulator

2 other sections in this Part — procedural and definitional

s.002 Advice and annual reports to Secretary of State.

s.003 Power of

Part 2

Conservation, control and sustainable management of deer

4 of 15 sections shown

s.005 Close seasons. Regulated

Take or kill deer during close seasonAny Person

s.008 Control schemes. Regulated

Other duties (1) — Crown / regulator

NatureScot must make a control scheme when damage requires itStatutory regulator

s.010 Emergency measures to prevent damage by deer. Regulated

Other duties (1) — Crown / regulator

NatureScot must arrange emergency deer control when deer cause serious damage or dangerStatutory regulator

s.013 Offences in relation to Part II. Regulated

Fail to comply with deer control scheme or obstruct officersAny Person

11 other sections in this Part — procedural and definitional

s.005 Code of practice on deer management

s.005 Review of compliance with code of practice on deer management

s.006 Control areas.

s.006 Deer management plans

s.007 Control agreements.

s.009 Recovery of expenses incurred in fulfilment of control scheme.

s.011 Application of section 10 in relation to the natural heritage.

s.012 Power of Commission to provide services and equipment and to make certain payments.

s.014 Limitation of criminal liability.

s.015 Power to enter on land.

s.016 Service of notices.

Part 3

Offences in relation to deer

9 of 12 sections shown

s.017 Unlawful killing, taking and injuring of deer. Regulated

Unlawful killing, taking, injuring or removing deerAny Person

s.017 Register of persons competent to shoot deer Regulated

Breach deer shooting registration or cull return rulesOccupier

s.018 Taking or killing at night. Regulated

Take or kill deer at night without authorisationAny Person

s.019 Use of vehicles to drive deer. Regulated

Use vehicle to drive deer without authorisationAny Person

s.020 Other offences connected with moving vehicles. Regulated

Shoot at deer from moving vehicle or transport live deer by aircraft improperlyAny Person

s.021 Firearms and ammunition. Regulated

Fail to comply with deer firearms orderAny Person

s.022 Offences committed by more than one person. Regulated

Jointly commit a deer-related offenceAny Person

s.023 Illegal possession of deer. Regulated

Possess illegally obtained deer, firearms or ammunitionAny Person

s.024 Attempts to commit offences. Regulated

Attempt to commit a deer offenceAny Person

3 other sections in this Part — procedural and definitional

s.017 Review of competence

s.025 Action intended to prevent suffering.

s.026 Right of occupier in respect of deer causing serious damage to crops etc. on certain ground.

Part 4

Enforcement, licensing of venison dealing and miscellaneous provisions

5 of 24 sections shown

s.029 Offences by Scottish partnerships etc. Regulated

Personal liability for partnership/association deer offencesAny Person

s.034 Records kept by venison dealers. Regulated

Keep records of venison purchases and allow inspectionTrader

s.036 Offences in connection with venison dealing. Prosecution

Sell or handle venison without a dealer's licenceAny Person

Unlimited fine

s.040 Power of Commission to require return of number of deer killed. Regulated

Fail to provide deer kill return to NatureScotOccupier

s.040 Power of SNH to require return of number of deer planned to be killed Regulated

Fail to provide planned deer cull returnOccupier

19 other sections in this Part — procedural and definitional

s.027 Powers of search and seizure.

s.028 Power of arrest.

s.029 Offences by bodies corporate.

s.030 Power of court on trial for one offence to convict of another.

s.031 Powers of court on conviction for offences.

s.032 Disposal of deer liable to forfeiture.

s.033 Licences to deal in venison.

s.035 Reciprocal arrangements.

s.037 Restrictions on granting of certain authorisations.

s.038 Limitation on requirement to obtain game licence.

s.039 Deer killed under the authority of SNH.

s.041 Savings for certain rights.

s.042 Information to be supplied to owner of certain land.

s.043 Application of Act to farmed deer.

s.044 Application of Act to the Crown.

s.045 Interpretation.

s.046 Financial provisions

s.047 Orders, regulations etc.

s.048 Short title, consequential amendments, repeals, extent and commencement.

Schedules

0 of 30 shown

30 other schedules

s.sch001 The Commission shall be a body corporate and shall have...

s.sch001 If at any meeting of the Commission the votes are...

s.sch001 Subject to paragraphs 8 to 10 above, the Commission shall...

s.sch001 Schedule 1 para.12

s.sch001 The Secretary of State may provide the services of such...

s.sch001 (1) Every member of the Commission shall hold and vacate...

s.sch001 If the Secretary of State is satisfied that the chairman...

s.sch001 Where a person ceases to be a member of the...

s.sch001 The Secretary of State may make such provision, if any,...

s.sch001 The Secretary of State— (a) shall pay to—

s.sch001 The Commission may pay to the members of any panel...

s.sch001 The quorum of the Commission shall be five or such...

s.sch001 The proceedings of the Commission shall not be invalidated by—...

s.sch002 Where SNH decides to make a control scheme it shall—...

s.sch002 Notwithstanding anything in paragraphs 3 or 8 above, the Secretary...

s.sch002 The provisions of subsection (2) to (8) of section 210...

s.sch002 On confirming a control scheme or on varying or revoking...

s.sch002 (1) Subject to sub-paragraphs (2) to (4) below, a control...

s.sch002 If no objection is duly made under paragraph 1 above...

s.sch002 If any objection duly made under paragraph 1 above is...

s.sch002 A control scheme shall not be confirmed with any modification...

s.sch002 On the application of SNH, the Secretary of State may...

s.sch002 Before making any such variation or revocation the Secretary of...

s.sch002 If no objection is duly made under paragraph 6 above...

s.sch002 If any objection duly made under paragraph 6 above is...

s.sch002 A variation of a control scheme shall not be made...

s.sch004 (1) The Agriculture (Scotland) Act 1948 shall be amended as...

s.sch004 In section 11(3) of the Deer Act 1991 (details to...

s.sch006 Until a code is published under section 37(5)(b) of this...

s.sch006 The amendments made by paragraphs 2 to 4 of Schedule...

Help complying

Guvnor’s practical routes through this instrument.

Farming on SSSI land in Scotland

A learning path for Scottish farmers and land managers with SSSI-designated land - understand your conservation obligations, manage deer and muirburn lawfully, …

Deer management obligations in Scotland

Guide to deer management obligations in Scotland under the Deer (Scotland) Act 1996, covering female deer close seasons (male close seasons were …

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.