96.Section 15 of the Act substitutes a new section 6A into the 1996 Act. Both the original and the new section 6A relate to deer management plans.
97.As set out in subsection (2), a deer management plan is a plan setting out what measures the owners or occupiers of the area of land consider should be taken for the management of deer on the land, the timescale for taking such measures, who is to undertake the measures and any additional matters that SNH consider necessary to be part of the plan. The plan has to be approved by SNH.
98.The principal change effected by the new section 6A is, via its interaction with section 6ZB, the introduction of the nature restoration ground as a basis for seeking that the owners or occupiers of a particular area of land prepare and implement a deer management plan. The grounds for intervention which were contained in section 6A(2) and (3) prior to their restatement by the Act, continue to be relevant by virtue of section 6ZA.
99.The deer management plan process is initiated by SNH serving a notice on the relevant owners and occupiers (defined as those who SNH consider to have a sufficient interest in, or control over the use of land, as to necessitate their involvement with deer management measures), requiring them to submit a deer management plan. The notice must set out why SNH are satisfied that the plan is required, which must be by reference to the grounds set out in section 6ZA or 6ZB, and any aim or outcome that SNH believes it is necessary for the plan to achieve. This might be as simple as a reduction in deer numbers or a more detailed set of outcomes relating to biodiversity in the area.
100.The notice must also specify a date by which the plan must be prepared and submitted to SNH (which cannot be less than three months). It is open to SNH to agree to the plan being submitted later which may be relevant, for example, where there are ongoing discussions over what is appropriate or there has been an event such as a change of ownership of the land in question.
101.Section 6A no longer contains a specific requirement for SNH to have regard to the code of practice on deer management when considering whether it is satisfied that the conditions necessitating seeking a deer management plan are met. However, the overarching duty to have regard to the code when exercising its functions under the 1996 Act still applies(14).
The Act Deer management plans, control agreements and control schemes Section 15 – Deer management plans