SCHEDULE 3 Penalties

Enactment Offence Penalty
(a) on summary conviction (b) on conviction on indictment
5(5) Taking, killing or injuring deer in close season a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
13(1) Failure to comply with control scheme a fine of level 4 on the standard scale or 3 months imprisonment or both
13(2) Obstruction of authorised person a fine of level 3 on the standard scale or 3 months imprisonment or both
17(1) Poaching a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
17(2) Removal of deer carcase without right or permission a fine of level 4 on the standard scale for each deer carcase in respect of which the offence is committed or 3 months imprisonment or both
18(1) Taking or killing at night a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
19(1) Use of vehicle to drive deer a fine of level 4 on the standard scale or 3 months imprisonment or both
20(1) Offences connected with use of vehicles and aircraft a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
21(3), (5) Offences relating to firearms and ammunition a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both
22 Unlawful killing, taking or injuring of deer or breach of firearms order by more than one person a fine of the statutory maximum in respect of each deer killed, taken or injured or 6 months imprisonment or both a fine or imprisonment for a term not exceeding 2 years or both
23(1) Illegal possession of deer or firearms a fine of level 4 on the standard scale or 3 months imprisonment or both
24(a) Attempting to commit certain offences the same penalty as may be imposed in respect of the offence attempted.
24(b) Acts preparatory to the commission of certain offences the same penalty as may be imposed for the offence, subject to a maximum of a fine not exceeding level 4 on the standard scale or 3 months imprisonment or both
31(3)(c) Failure to surrender cancelled firearm or shotgun certificate. a fine of level 2 on the standard scale.
36(1) Unauthorised sale etc. of venison a fine of level 3 on the standard scale
36(4) Sale etc. of unlawfully killed deer a fine of level 4 on the standard scale or 3 months imprisonment or both
36(5) Failure to comply with section 34 a fine of level 2 on the standard scale
36(6) Obstruction of person carrying out inspection under section 34 a fine of level 3 on the standard scale
40(4) Failure to make, or making false, return of number of deer killed. a fine of level 3 on the standard scale or 3 months imprisonment or both.

Section 48(2).

SCHEDULE 4 Consequential amendments

The Agriculture (Scotland) Act 1948 (c. 45)

1 (1) The Agriculture (Scotland) Act 1948 shall be amended as follows.

(2) In section 39(3A) (exclusion of certain deer from provisions of that section), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “section 45 of the Deer (Scotland) Act 1996”.

(3) In section 42A (definition of “animals for the purposes of sections 40 to 42”), for the words “section 35A of the Deer (Scotland) Act 1959” there shall be substituted the words “section 45 of the Deer (Scotland) Act 1996”.

The Deer Act 1991 (c. 54)

2 In section 11(3) of the Deer Act 1991 (details to be recorded where venison bought from a licensed dealer), for the words “Part IIIA of the Deer (Scotland) Act 1959” there shall be substituted the words “section 33 of the Deer (Scotland) Act 1996”.