Acts of the Scottish Parliament

2002 asp 6

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th February 2002 and received Royal Assent on 15th March 2002

An Act of the Scottish Parliament to protect wild mammals from being hunted with dogs; and for connected purposes.

(a) protecting livestock, ground-nesting birds, timber, fowl (including wild fowl), game birds or crops from attack by wild mammals;

(b) providing food for consumption by a living creature, including a person;

(c) protecting human health;

(d) preventing the spread of disease;

(e) controlling the number of a pest species; or

(f) controlling the number of a particular species to safeguard the welfare of that species,

(a) does so for one or more of the purposes specified in paragraphs (a) to (f) of subsection (1);

(b) takes reasonable steps to ensure that the fox or mink is flushed as soon as reasonably possible after it is located and shot as soon as possible after it is flushed;

(c) takes all reasonable steps to prevent injury to the dog including steps to prevent the dog becoming trapped underground and, if it does become trapped underground, steps to ensure it is rescued as soon as is practicable;

(d) is in possession of a firearm for which the person holds a valid firearms or shotgun certificate; and

(e) either-

(i) is the owner or lawful occupier of the land on which the activity takes place; or

(ii) has the permission of the owner or lawful occupier of that land to undertake that activity.

(a) that person acts to ensure that, once a wild mammal is found or emerges from cover, it is shot, or killed by a bird of prey, as soon as possible;

(b) where a firearm or shotgun is used, that person holds a valid firearms or shotgun certificate or a valid visitor's firearm or shot gun permit; and

(c) where a wild mammal is shot and injured, that person takes all reasonable steps to retrieve it and, once retrieved, to kill it as humanely as possible.

(a) an officer of a local authority acting in pursuance of any function of the local authority;

(b) any person authorised by such an officer to search for, or catch, a wild mammal; and

(c) a constable.

(a) retrieve a hare which has been shot;

(b) locate a wild mammal which has escaped, or been released, from captivity (but only if that person acts to ensure that the mammal is captured or shot once it is located); or

(c) retrieve or locate a wild mammal which that person reasonably believes is seriously injured or orphaned (but only if that person acts to ensure that the mammal, once located, is captured, treated or killed as humanely as possible in order to relieve its suffering).

(a) is a fox or hare;

(b) is a deer, boar or mink, unless it has escaped from a farm or zoo; or

(c) has been raised or released for the purpose of being hunted.

(a) lay the proposed draft order before the Parliament and make it publicly available for consultation for a period ("the consultation period") of at least 12 weeks;

(b) during the consultation period, consult such persons and bodies as they consider likely to be affected by, or otherwise to have an interest in, the proposed draft order; and

(c) take into account any comments on the proposed draft order expressed during the consultation period and make such changes to the draft order as they consider appropriate.

(a) arrest that person;

(b) stop and search that person, if the constable suspects with reasonable cause that evidence in connection with the offence is to be found on that person;

(c) search or examine a vehicle, animal or article which appears to belong to, or be in the possession or control of, that person, if the constable suspects with reasonable cause that evidence in connection with the offence is to be found in or on it;

(d) seize and detain for the purpose of proceedings under this Act a vehicle, animal or article which may be evidence in connection with the offence or which may be made the subject of an order under Part II of the Proceeds of Crime (Scotland) Act 1995 (c.43).

(a) an order for the care or disposal of a dog which was in the offender's custody when the offence was committed or which has been in the offender's custody at any time since then;

(b) an order disqualifying the offender, for such period as it thinks fit, from having custody of any dog.

(a) require any person who has custody of the dog to deliver it up to a specified person;

(b) require the offender to pay specified amounts to specified persons for the care of the dog from the time it is delivered up (or detained under section 7(1)(d)) until permanent arrangements are made for its care or disposal.

(a) has custody of a dog in contravention of a disqualification order; or

(b) fails to comply with a requirement imposed on that person under subsection (2),

(a) until the end of the period within which notice of appeal to the court against the order can be given; and

(b) if notice of appeal is given in that period, until the appeal is determined or withdrawn,

"to hunt" includes to search for or course;

"occupier" includes any person who has control of land;

an "orphaned" fox means a fox, the mother of which is dead, which is too young to survive on its own;

"owner" (of land) does not include a creditor in a heritable security who is not in possession of the security subjects;

"pest species" means foxes, hares, mink, stoats and weasels;

"wild mammal"-

(a) includes a wild mammal which has escaped, or been released, from captivity, and any mammal which is living wild;

(b) does not include a rabbit;

(c) does not include a rodent;

and references to hunting with, or the use of, "a dog" are to be interpreted as also applying to hunting with, or (as the case may be) the use of, two or more dogs.

(a) the person responsible for the dog is able to direct the dog's activity by physical contact or verbal or audible command; or

(b) the dog is carrying out a series of actions appropriate to the activity undertaken, having been trained to do so.