Hunting with Dogs (Scotland) Act 2023
2023 asp 1An Act of the Scottish Parliament to make provision about the prohibition of hunting wild mammals using dogs; to make provision about the prohibition of trail hunting; and for connected purposes.
Enacted
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th January 2023 and received Royal Assent on 7th March 2023
Part 1 Hunting a wild mammal using a dog¶
Offences¶
I1I521 Offence of hunting a wild mammal using a dog¶
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“hunting” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly),
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“wild mammal” means any mammal (other than a human)—
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which—
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is living in a wild state,
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is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or
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has been deliberately released from temporary or permanent human control, and
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which is not—
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a rat,
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a mouse, or
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living under temporary or permanent human control.
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I2I532 Offences of knowingly causing or permitting another person to hunt using a dog¶
Exceptions to the offences¶
I3I543 Exception: management of wild mammals above ground¶
I4I554 Licence for use of more than two dogs in connection with section 3¶
I5I565 Exception: management of foxes below ground¶
I6I576 Exception: falconry, game shooting and deer stalking¶
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“deer stalking” means the stealthy approach of a deer in order to shoot it for sport,
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“falconry” means the use of a bird of prey to hunt for sport,
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“game shooting” means shooting wild mammals for sport,
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“quarry” means the wild mammal intended to be killed by a bird of prey or shot.
I7I587 Exception: relieving the suffering of injured wild mammals¶
I8I598 Exception: searching for dead wild mammals¶
I9I609 Exception: environmental benefit¶
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“invasive non-native species” means a species—
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which is included on the Scottish list of species of special concern, or
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which is—
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not native to the area in which the activity mentioned in subsection (1)(a) takes place, and
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having or likely to have a significant adverse impact on biodiversity, the environment, social or economic interests or human or animal health,
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“Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.
I10I6110 Licence for use of more than two dogs in connection with section 9¶
General provision on licences¶
I11I6211 Delegation of functions in relation to licences¶
I12I6312 Offence of providing false information to obtain a licence¶
I13I6413 Review of operation of sections 4 and 10¶
Part 2 Trail hunting¶
Offences¶
I14I6514 Offences relating to trail hunting¶
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“trail hunting” is the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose,
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“animal-based scent” means—
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a scent which is derived from a wild mammal, or
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a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients.
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I15I6615 Power to modify meaning of trail hunting¶
Exception to the offences¶
I16I6716 Exception: training dogs to follow an animal-based scent¶
Part 3 Further provision relating to offences¶
Enforcement¶
I17I6817 Search of a person without warrant¶
If a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this Act, the constable may—I18I6918 Powers of enforcement¶
The schedule makes further provision about the powers of constables for the purposes of and in connection with this Act.Proceedings¶
I19I7019 Time limit for summary proceedings¶
I20I7120 Individual culpability where organisation commits an offence¶
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“relevant organisation” means an organisation listed in the first column of the table in subsection (4),
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“responsible individual” means, in relation to a relevant organisation—
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an individual falling within the corresponding entry in the second column of the table in subsection (4),
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an individual purporting to act in the capacity of an individual falling within the corresponding entry.
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| Organisation | Individual |
|---|---|
| Company as mentioned in section 1 of the Companies Act 2006 | Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member |
| Limited liability partnership | Member |
| Other partnership | Partner |
| Any other body or association | Individual who is concerned in the management or control of its affairs |
Court orders¶
I21I7221 Deprivation orders¶
I22I7322 Disqualification orders¶
I23I7423 Seizure orders where disqualification breached¶
I24I7524 Termination or variation of disqualification¶
I25I7625 Appeals against orders¶
Part 4 General provisions¶
I2626 Ancillary provision¶
I27I7727 Interpretation¶
In this Act—-
“animal” means a vertebrate (other than a human) or an invertebrate,
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“carcase” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion of such a thing,
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“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,
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“cover” means a place above ground in which a wild mammal may be concealed from sight, but does not include an enclosed place from which a wild mammal could not be flushed,
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“deprivation order” has the meaning given by section 21(1),
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“disqualification order” has the meaning given by section 22(1),
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“hunting” is to be construed in accordance with section 1(3),
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“livestock” means cattle, sheep, goats, swine, horses, camelids, ratites, farmed deer, enclosed game birds or poultry, and for the purposes of this definition—
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“cattle” means bulls, cows, oxen, buffalo, heifers or calves,
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“horses” includes donkeys and mules,
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“farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production,
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“enclosed game birds” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes,
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“poultry” means domestic fowls, turkeys, geese or ducks,
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“premises” has the meaning given by paragraph 1 of the schedule,
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“relevant authority” has the meaning given by section 4(6),
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“responsible for”, in relation to a dog, is to be construed in accordance with section 2(6),
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“seizure order” has the meaning given by section 23(1),
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“under control”, in relation to a dog, means that a person who is responsible for the dog is able to direct the dog’s activity by physical contact or verbal or audible command,
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“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966,
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“wild mammal” has the meaning given by section 1(3),
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“woodland” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.
I28I5028 Repeal of the Protection of Wild Mammals (Scotland) Act 2002 and consequential modifications¶
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I29I7829 Crown application: criminal offences¶
I30I5130 Crown application: powers of entry¶
| Crown land | Appropriate authority |
|---|---|
| Land an interest in which belongs to His Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) | The Crown Estate Commissioners |
| Land an interest in which belongs to His Majesty in right of the Crown and which forms part of the Scottish Crown Estate | The person managing the land |
| Land an interest in which belongs to His Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate | The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land |
| Land an interest in which belongs to His Majesty in right of His private estates | The person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers |
| Land an interest in which belongs to an office-holder in the Scottish Administration | The office-holder in the Scottish Administration |
| Land an interest in which belongs to a Government department | The Government department |
| Land an interest in which is held in trust for His Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration | The office-holder in the Scottish Administration |
| Land an interest in which is held in trust for His Majesty for the purposes of a Government department | The Government department |
I3131 Commencement¶
I3232 Short title¶
The short title of this Act is the Hunting with Dogs (Scotland) Act 2023.Schedule ¶
Enforcement powers
(introduced by section 18)
I33I791 Interpretation¶
In this schedule—- “domestic premises”—
- means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and
- includes any land or structure—
- belonging to or usually enjoyed with the dwelling-house, or
- adjacent to and for the time being enjoyed with the dwelling-house,
- “premises” includes—
- land,
- any other place, including—
- a vehicle or vessel,
- a tent or other moveable structure,
- “relevant offence” means—
- an offence under section 1(1),
- an offence under section 2(1) or (2),
- an offence under section 12(1),
- an offence under section 14(1), (3) or (4),
- an offence under section 22(10),
- an offence under section 25(8),
- “relevant power” means a power conferred on a constable by—
- a provision of this schedule, or
- a warrant granted under a provision of this schedule.
Entry and associated powers¶
I40I868 Stopping and detaining vehicles or vessels¶
Entry and associated powers: supplementary¶
I48I9416 Offences¶
I49I9517 Powers of constables under this schedule¶
The powers conferred on constables by this schedule do not affect any powers conferred on constables apart from this schedule.Footnotes
- I1S. 1 not in force at Royal Assent, see s. 31(2)
- I2S. 2 not in force at Royal Assent, see s. 31(2)
- I3S. 3 not in force at Royal Assent, see s. 31(2)
- I4S. 4 not in force at Royal Assent, see s. 31(2)
- I5S. 5 not in force at Royal Assent, see s. 31(2)
- I6S. 6 not in force at Royal Assent, see s. 31(2)
- I7S. 7 not in force at Royal Assent, see s. 31(2)
- I8S. 8 not in force at Royal Assent, see s. 31(2)
- I9S. 9 not in force at Royal Assent, see s. 31(2)
- I10S. 10 not in force at Royal Assent, see s. 31(2)
- I11S. 11 not in force at Royal Assent, see s. 31(2)
- I12S. 12 not in force at Royal Assent, see s. 31(2)
- I13S. 13 not in force at Royal Assent, see s. 31(2)
- I14S. 14 not in force at Royal Assent, see s. 31(2)
- I15S. 15 not in force at Royal Assent, see s. 31(2)
- I16S. 16 not in force at Royal Assent, see s. 31(2)
- I17S. 17 not in force at Royal Assent, see s. 31(2)
- I18S. 18 not in force at Royal Assent, see s. 31(2)
- I19S. 19 not in force at Royal Assent, see s. 31(2)
- I20S. 20 not in force at Royal Assent, see s. 31(2)
- I21S. 21 not in force at Royal Assent, see s. 31(2)
- I22S. 22 not in force at Royal Assent, see s. 31(2)
- I23S. 23 not in force at Royal Assent, see s. 31(2)
- I24S. 24 not in force at Royal Assent, see s. 31(2)
- I25S. 25 not in force at Royal Assent, see s. 31(2)
- I26S. 26 in force at 8.3.2023, see s. 31(1)
- I27S. 27 not in force at Royal Assent, see s. 31(2)
- I28S. 28 not in force at Royal Assent, see s. 31(2)
- I29S. 29 not in force at Royal Assent, see s. 31(2)
- I30S. 30 not in force at Royal Assent, see s. 31(2)
- I31S. 31 in force at 8.3.2023, see s. 31(1)
- I32S. 32 in force at 8.3.2023, see s. 31(1)
- I33Sch. para. 1 not in force at Royal Assent, see s. 31(2)
- I34Sch. para. 2 not in force at Royal Assent, see s. 31(2)
- I35Sch. para. 3 not in force at Royal Assent, see s. 31(2)
- I36Sch. para. 4 not in force at Royal Assent, see s. 31(2)
- I37Sch. para. 5 not in force at Royal Assent, see s. 31(2)
- I38Sch. para. 6 not in force at Royal Assent, see s. 31(2)
- I39Sch. para. 7 not in force at Royal Assent, see s. 31(2)
- I40Sch. para. 8 not in force at Royal Assent, see s. 31(2)
- I41Sch. para. 9 not in force at Royal Assent, see s. 31(2)
- I42Sch. para. 10 not in force at Royal Assent, see s. 31(2)
- I43Sch. para. 11 not in force at Royal Assent, see s. 31(2)
- I44Sch. para. 12 not in force at Royal Assent, see s. 31(2)
- I45Sch. para. 13 not in force at Royal Assent, see s. 31(2)
- I46Sch. para. 14 not in force at Royal Assent, see s. 31(2)
- I47Sch. para. 15 not in force at Royal Assent, see s. 31(2)
- I48Sch. para. 16 not in force at Royal Assent, see s. 31(2)
- I49Sch. para. 17 not in force at Royal Assent, see s. 31(2)
- I50S. 28 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I51S. 30 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I52S. 1 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I53S. 2 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I54S. 3 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I55S. 4 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I56S. 5 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I57S. 6 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I58S. 7 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I59S. 8 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I60S. 9 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I61S. 10 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I62S. 11 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I63S. 12 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I64S. 13 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I65S. 14 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I66S. 15 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I67S. 16 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I68S. 17 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I69S. 18 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I70S. 19 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I71S. 20 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I72S. 21 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I73S. 22 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I74S. 23 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I75S. 24 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I76S. 25 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I77S. 27 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I78S. 29 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I79Sch. para. 1 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I80Sch. para. 2 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I81Sch. para. 3 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I82Sch. para. 4 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I83Sch. para. 5 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I84Sch. para. 6 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I85Sch. para. 7 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I86Sch. para. 8 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I87Sch. para. 9 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I88Sch. para. 10 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I89Sch. para. 11 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I90Sch. para. 12 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I91Sch. para. 13 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I92Sch. para. 14 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I93Sch. para. 15 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I94Sch. para. 16 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2
- I95Sch. para. 17 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2