1.--(1) Subject to subsection (3)
below, if any person enters any land
without the consent of the owner or occupier or other lawful
authority in
search or pursuit of any deer with the intention of taking,
killing or injuring
it, he shall be guilty of an offence.
(2) Subject to subsection (3) below,
if any person while on any land--
(a)
intentionally takes, kills or injures, or attempts to take,
kill or
injure,
any deer;
(b)
searches or pursues any deer with the intention of taking, killing
or injuring
it; or
(c)
removes the Carcase of any deer,
without the consent of the owner or occupier of the land or
other lawful
authority, he shall be guilty of an offence.
(3) A person shall not be guilty of
an offence under subsection (1) or (2)
above by reason of anything done in the belief that--
(a)
he would have the consent of the owner or occupier of the land
if
the
owner or occupier knew of his doing it and the circumstances
of it;
or
(b)
he has other lawful authority to do it.
(4) If any authorised person suspects
with reasonable cause that any person
is committing or has committed an offence under subsection (1)
or (2) above
on any land, he may require that person--
(a)
to give his full name and address; and
(b)
to quit that land forthwith;
and any person who fails to comply with a requirement under
this subsection
shall be guilty of an offence.
(5) Subject to subsection (6) below,
a person guilty of an offence under this
section shall be liable on summary conviction to a fine not
exceeding £500 or
to imprisonment for a term not exceeding three months or to
both.
(6) Where an offence under this section
was committed in respect of more
than one deer the maximum fine which may be imposed under subsection
(5)
above shall be determined as if the person convicted had been
convicted of a
separate offence in respect of each deer.
(7) In this section "authorised
person", in relation to any land, means the
owner or occupier or any person authorised by the owner or occupier
of the
land, and includes any person having the right to take or kill
deer on the land.
2.--(1) If any person, not being a
licensed game dealer--
(a)
at any time during the prohibited period sells or offers or
exposes
for
sale or has in his possession for sale any venison; or
(b)
at any time sells or offers or exposes for sale any venison
otherwise
than to
a licensed dealer,
he shall be guilty of an offence and liable on summary conviction
to a fine not
exceeding £200.
(2) If any person sells or offers or
exposes for sale or has in his possession
for sale, or purchases or offers or purchase or receives, any
venison which
comes from a deer--
(a)
which has been taken or killed in circumstances which constitute
an
offence
under section 1 above or any provision of the Deer Act 1963;
and
(b)
which he knows or has reason to believe to have been so taken
or
killed,
he shall be guilty of an offence and liable on summary conviction
to a fine not
exceeding £500 or to imprisonment for a term not exceeding
three months or
to both.
(3) In this section "prohibited
period", in relation to any venison which comes
from a species and description of deer in relation to which
a close season is
prescribed by Schedule 1 to the Deer Act 1963, means the period
beginning
with the expiration of the tenth day, and ending with the expiration
of the last
day, of that season
(4) In this section and section 3 below--
" licensed
game dealer" means a person licensed to deal in game under
the Game Act
1831 and the Game Licences Act 1860, and includes a
servant of such
a person;
"sale"
includes barter and exchange and "sell" and "purchase"
shall be
construed accordingly.
3.--(1) Every licensed game dealer
who sells or offers or exposes for sale or
has in his possession for sale any venison shall keep or cause
to be kept a book
containing records in the form set out in Schedule 1 to this
Act or a form
substantially to the like effect and shall enter or cause to
be entered in that book
forthwith full particulars of all his purchases and receipts
of venison.
(2) The Secretary of State may be order
made by statutory instrument vary
the form in which records are required to be kept under this
section; and a
statutory instrument containing an order under this subsection
shall be subject
to annulment in pursuance of a resolution of either House of
Parliament.
(3) Where a licensed game dealer has
purchased or received venison from
another licensed game dealer or from a venison dealer registered
under the
Sale of Venison (Scotland) Act 1968, he shall be deemed to have
complied
with the requirements of this section if he has recorded in
his record book--
(a)
that the venison was so purchased or received;
(b)
the name and address of the other licensed game
dealer
or the venison dealer so registered;
(c)
the date when the venison was so purchased or received;
and
(d)
the total weight of the venison.
(4) Any authorised officer, on producing,
if so required, his written authority,
and any constable, may inspect--
(a)
the record book of a licensed game dealer;
(b)
any venison in the licensed game dealer's possession or
under
his control, or on premises or in vehicles under his
control;
and
(c)
any invoices, consignment notes, receipts and other
documents
which relate to entries in the record book
(including
copies where the originals are not available;
and may take copies of, or extracts from the record book and
any such documents.
(5) A record book shall be kept until
the end of the period of three years
beginning with the day on which the last entry was made in the
book, and any
such documents as are mentioned in subsection (4)(c) above shall
be kept until
the end of the period of three years beginning with the date
of the entry to
which they relate.
(6) If any licensed game dealer without
reasonable excuse fails to comply
with the provisions of this section, he shall be guilty of an
offence.
(7) If any person wilfully obstructs
any authorised officer or constable
making an inspection under this section, or knowingly or recklessly
makes
or causes to be made in a record book any entry which is false
or misleading
in a material particular, he shall be guilty of an offence.
(8) A person guilty of an offence under
this section shall be liable on summary
conviction to a fine not exceeding £50.
(9) In this section--
"authorised
officer" means any officer of the council of a district
or London borough,
or of the Common Council of the City
of London, who
is authorised by them in writing to exercise
the powers conferred
by this section;
"record
book" means a book kept in pursuance of subsection (1)
above.
4.--(1) If a constable suspects with
reasonable cause that any person
is committing or has committed an offence under this Act, the
constable
may without a warrant--
(a) stop and search
that person if the constable suspects
with reasonable cause
that evidence of the commission
of the offence is
to be found on that person;
(b) search or examine
any vehicle, animal,weapon or other
thing which that person
may then be using if the constable
suspects with reasonable
cause that evidence of the
commission of the
offence is to be found on that vehicle,
animal, weapon or
other thing;
(c) arrest that person
if he fails to give his name and address
to the constable's
satisfaction;
(d) seize and detain
for the purposes of proceedings under
this Act anything
which is evidence of the commission of the
offence and any deer,
venison, vehicle, animal, weapon or
other thing which
is liable to be forfeited under section 5 below.
(2) For the purposes of exercising
the powers conferred by subsection (1)
above a constable may enter any land other than a dwelling-house.
(3) A constable may sell any deer or
venison seized under this section and
the net proceeds of the sale shall be liable to be detained
and forfeited in the
same manner as the deer or venison sold; but he shall not be
subject to any
liability on account of his neglect or failure to exercise the
powers conferred
on him by this subsection.
5.--(1) The court by which any person
is convicted of an offence under
this Act may--
(a)
order the forfeiture of any deer or venison in respect
of
which the offence was committed or which was found
in
his possession;
(b)
order the forfeiture of any vehicle, animal, weapon
or
other thing which was used to commit the offence
or
which was capable of being used to take, kill or
injure
deer and was found in his possession;
(c)
disqualify him for holding or obtaining a licence
to
deal in game for such period as the court thinks fit;
(d)
cancel any firearm or shotgun certificate held by him.
(2) Where the court cancels a firearm
or shotgun certificate under
subsection (1)(d) above--
(a)
the court shall cause notice in writing of that fact to
be
sent to the chief officer of the police by whom the
certificate
was granted; and
(b)
the chief officer of police shall by notice in writing
require
the holder of the certificate to surrender it; and
(c)
if the holder fails to surrender the certificate within
twenty-one
days from the date of that requirement,
he
shall be guilty of an offence and liable on summary
conviction
to a fine not exceeding £50.
6.--(1) When an offence under this
Act which has been committed by
a body corporate is proved to have been committed with the consent
or
connivance of, or to be attributable to any neglect on the part
of, any
director, manager, secretary or other similar officer of the
body corporate
or any person who was purporting to act in any such capacity,
he as well
as the body corporate shall be guilty of that offence and be
liable to be
proceeded against and punished accordingly.
(2) Where the affairs of a body corporate
are managed by its members,
subsection (1) above shall reply in relation to the acts and
defaults of a
member in connection with his functions of management as if
he were a
director of the body corporate.
7. For sections 5 to 8 of the deer
Act 1963 there shall be substituted
the sections set out in Schedule 2 to this Act.
8. In this Act, unless the context
otherwise requires--
"deer" means
deer of any species and includes the carcase
of any deer or any
part thereof;
"vehicle"
includes an aircraft, hovercraft or boat;
"venison"
means the carcass,, or any edible part of the carcase,
of a deer and includes
imported venison, but not canned or
cooked venison.
9.--(1) This Act may be cited as the
Deer Act 1980.
(2) Paragraph 1 of schedule 1 to the
Theft Act 1968 (which is superseded
by section 1 above) is hereby repealed.
(3) This Act does not extend to Scotland
or Northern Ireland.
(4) This Act, with the exception of
sections 2 and 3, shall come into
force at the expiry of three months beginning with the date
of its passing.
And sections 2 and 3 shall come into force on 1st November 1980.
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