109.Section 17 inserts section 7A into the 1996 Act which confers a right for a person to request that SNH exercise its functions under sections 6A or 7 in relation to the management of deer. This applies to a person who believes the statutory grounds for intervention in section 6ZA(2) and (3) are met, and who is directly affected by the damage or injury caused by or danger posed from deer.
110.In making a request under subsection (1), the requester must include reasons for their belief that the grounds in section 6ZA(2) and (3) are met. After a request is made, SNH must follow the process in subsection (4) to decide if it is satisfied that the grounds are met, decide whether to exercise its functions under section 6A or 7 and to inform the person of its decisions and any action SNH proposes to take.
111.Subsection (3) allows the Scottish Ministers to modify subsection (2) by regulations to add, remove or adjust the information that is to be included in a request. Regulations under this section are subject to the affirmative procedure.
112.It is worth noting that nothing in this section limits SNH’s ability to exercise its powers under section 10 of the 1996 Act (emergency measures to prevent damage by deer) if it considers that to be the most appropriate course of action.
The Act Deer management plans, control agreements and control schemes Section 17 – Right to request action where deer are not being managed