180.Section 32 of the Act creates a new offence of shooting a deer with a shotgun, along with a corresponding ability for SNH to authorise the activity in appropriate circumstances. It does so by inserting a new section 17ZA into the 1996 Act.
181.Section 32(2) inserts the new section into the 1996 Act. Subsection (1) of section 17ZA sets out the offence and the sections to which it is subject. A person commits an offence if they shoot a deer with a shotgun and none of the sections or subsections that the offence is subject to apply. Subsection (2) mirrors the authorisation provisions in sections 5, 18 and 19, allowing SNH to authorise an owner or occupier of any land (or any person nominated in writing by the owner or occupier) to shoot deer with a shotgun. SNH may not grant an authorisation unless a ground in section 6ZA(2) or 6ZB(2) applies (see subsection (3)). SNH must also be satisfied that other means of deer control are inadequate in the circumstances, meaning that there should be some particular reason why a shotgun (as opposed to another means of deer control) is appropriate for the authorisation. Subsection (4) applies the authorisation provisions notwithstanding anything contained in any agreement between an occupier of the land and the owner. Subsection (5) makes it clear that the requirement for authorisation to shoot deer with a shotgun does not limit other restrictions which may be imposed under the order-making power in section 21 of the 1996 Act except to the extent provided in section 17ZA. For example, section 21 orders may still regulate shotguns and shotgun ammunition outside of authorisation conditions so as to be generally applicable but not to the extent that it would render section 17ZA ineffective (for example by banning shotguns entirely).
182.Section 32(3) adds a reference to section 17ZA(1) to section 31(4) of the 1996 Act. Section 31 relates to powers of the court following conviction of offences under the 1996 Act. Section 31(4) provides that where a person is convicted of an offence under certain sections of the Act they will be liable to the forfeiture of any deer illegally taken killed or removed by them or in their possession at the time of the offence.
183.Section 32(4) adds a reference to section 17ZA to section 37. Section 37 requires SNH to be satisfied that a person is a fit and competent person before it grants particular authorisations. This subsection therefore adds the authorisation under section 17ZA to shoot deer with a shotgun to the authorisations which cannot be granted unless the applicant for the authorisation is fit and competent.
184.Section 32(5) inserts a definition of “shotgun” into section 45 of the 1996 Act to be a firearm of such description as may be specified as constituting a shotgun for the purposes of the 1996 Act by regulations. This is expected to include those weapons which are classed as shotguns under section 1(3) of the Firearms Act 1968 (“the 1968 Act”) and any additional descriptions of firearms which, though not technically shotguns for the purpose of the 1968 Act definition, are nonetheless considered shotguns for practical purposes. Before any regulations are made specifying what constitutes a shotgun, Scottish Ministers must consult those who they consider may have an interest in or otherwise be affected by the regulations.
185.The penalty for committing an offence under new section 17ZA is inserted into schedule 3 of the 1996 Act by section 32(6). A person who shoots a deer with a shotgun (and who does not have an authorisation from SNH) may be liable for a fine of level 4 on the standard scale for each deer shot.
The Act Authorisations for particular activities Section 32 – Offence of shooting deer with a shotgun