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Scottish Statutory Instruments
2011 No. 417
Animals
Deer
The Deer (Close Seasons) (Scotland) Order 2011
Made
23rd November 2011
Laid before the Scottish Parliament
25th November 2011
Coming into force
1st January 2012
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 5(1) and 47(2) of the Deer (Scotland) Act 1996(1) and all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Deer (Close Seasons) (Scotland) Order 2011 and comes into force on 1st January 2012.
Close Seasons for certain species of deer
2.-(1) The periods fixed in each year during which no person shall take or wilfully kill or injure a deer of the species in column 1 and the sex in column 2 of the Schedule are as specified in column 3 of the Schedule.
(2) A period fixed under paragraph (1) includes the whole of a day specified in column 3 of the Schedule.
Revocation
3. The Deer (Close Seasons) (Scotland) Order 1984(2) is revoked.
STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
23rd November 2011
Article 2
SCHEDULEClose Seasons
| Species | Sex | Periods |
|---|---|---|
| Fallow deer (Dama dama) | Male | 1st May to 31st July |
| Female | 16th February to 20th October | |
| Red deer (Cervus elaphus) | Male | 21st October to 30th June |
| Female | 16th February to 20th October | |
| Red/Sika deer hybrid | Male | 21st October to 30th June |
| Female | 16th February to 20th October | |
| Roe deer (Capreolus capreolus) | Male | 21st October to 31st March |
| Female | 1st April to 20th October | |
| Sika deer (Cervus nippon) | Male | 21st October to 30th June |
| Female | 16th February to 20th October |
EXPLANATORY NOTE
(This note is not part of the Order)
The effect of this Order is to fix the periods during which it as an offence under section 5 of the Deer (Scotland) Act 1996 (the "1996 Act") to take or wilfully kill or injure a deer of the species and sex specified in the Schedule. It revokes and replaces the Deer (Close Seasons) (Scotland) Order 1984.
The 1996 Act provides that it is not an offence during those periods to take, kill or injure a deer where an authorisation is granted under section 5, where section 14 (limitation of criminal liability) is applicable or where it is for a purpose specified in section 25 (action taken in order to prevent suffering).
A Business and Regulatory Impact Assessment has not been produced in relation to this Order as it has no direct impact on businesses, charities or the voluntary sector.
1996 c.58, to which there are amendments not relevant to this Order. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).