156.Section 15 of the 1996 Act provides persons authorised by SNH with power to enter on to land in a number of circumstances, namely:
	in connection with the exercise of its functions under section 10 (emergency action to prevent damage by deer),
	for the purposes of taking a census of deer,(21)
	to determine whether any of its functions under section 7 (control agreements) or 8 (control schemes) should be exercised,
	for the purpose of exercising any of its functions under section 7 or 8, and
	to check compliance with any requirement placed on a person under the 1996 Act.
157.Entry for the exercise of functions under section 10 does not require prior notice. However, entry for the other purposes does require notice to have been given prior to the entry being taken and the power to enter lasts for the period of a month.
158.Section 26 of the Act makes a number of adjustments to section 15 of the 1996 Act, many of which are connected to the new section 15A being inserted by section 27. It also makes a consequential amendment to section 7 and section 45 of the 1996 Act.
159.Section 26(2) amends section 7 of the 1996 Act to add a new subsection (4C), which makes clear that it is possible to combine a notice under section 7(4)(a) (which gives notice that SNH has formed the view that measures are required for the control of deer on land) with a notice under section 15(2) which will entitle SNH to take entry for purposes relating to its functions under section 7 (as set out above).
160.Subsection (3)(a) amends section 15(2) of the 1996 Act to shorten the period of notice that must be given before a person authorised by SNH may take entry from 14 days to 5 working days (defined in subsection (4)).
161.Subsection (3)(b) inserts subsection (2ZA) into section 15. This allows a person authorised by SNH for a purpose set out in section 15(3), to take entry onto land belonging to, or occupied by, a person who has (a) been served a notice requiring that person to produce information and (b) not done so within 10 working days of receiving the notice and (c) the period of 30 days beginning with the day after the day by which the information was to be provided or the document was to be produced has not elapsed. This power of entry therefore supports the power to require the production of information and will, in practice, most often be used to support SNH in fulfilling its duties under section 7 and 8 by providing means to ascertain both if intervention is required and, if so, what measures should be taken. Subsection (3)(c) makes a consequential amendment in light of these changes.
162.Subsection (3)(d) replaces paragraph (a) of section 15(3) to update the purpose for which a person may be authorised from taking a census of deer to a similar but more specific purpose of recording the number of deer (and such characteristics as may relevant) and assessing the impact of the deer on the land.
163.Subsection (3)(e) inserts a new subsection (3A) to require that when SNH authorises a person to enter land for the purpose described in section 15(3)(a), SNH must share with the owner particular information about deer in the area and the impact that those deer have. This information must be provided within three months. It must also be provided in an accessible format (new subsection (3B)).
The Act National deer management and venison plan Section 26 – Power to enter on land