Protection of Wild Mammals (Amendment) (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Protection of Wild Mammals (Amendment)

(Scotland) Act 2017
2017 asp 9

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd
Novevmber 2017 and received Royal Assent on 5th November 2017

An Act of the Scottish Parliament to amend the law relating to the protection of wild mammals.

1 Repeals and amendment of previous legislation

(1) Section 2 (exception: stalking and flushing from cover) of the Protection of Wild
Mammals (Scotland) Act 2002 (asp 6) is repealed.
(2) In section 3 of the Protection of Wild Mammals (Scotland) Act 2002, after
subsection (c) insert
(d) the activity has been approved by Police Scotland and the Scottish Sports
Council at least 24 hours in advance of commencement.

2 Use of a dog in stalking and flushing from cover

After section 1 of the Protection of Wild Mammals (Scotland) Act 2002 (offences),
insert

2A Exception: stalking and flushing from cover

(1) A person who is the owner or lawful occupier of the land on which the
stalking, searching or flushing referred to in this subsection takes place does
not commit an offence under section 1(1) by using a dog under control to stalk
a wild mammal, fox or mink, or flush it from cover (including an enclosed
space within rocks, or other secure cover) above ground for the purpose of
(a) protecting livestock, ground-nesting birds, timber, fowl (including wild
fowl), game birds or crops from attack by wild mammals,
(b) protecting human health,
(c) preventing the spread of disease,
(d) controlling the number of a pest species within 50 metres of human or
livestock habitation, or crops, or
(e) controlling the number of a particular species to safeguard the welfare of
2 Protection of Wild Mammals (Amendment) (Scotland) Act 2017

that species.
(2) Section 3(1) shall apply on if that person acts to ensure that, once the target
wild mammal is found or emerges from cover, it is shot, or killed by a bird of
prey, once it is safe to do so.
(3) Section 3(1) shall apply only if Police Scotland approves the stalking or
flushing at least 24 hours in advance of commencement.
(4) The Scottish Society for the Prevention of Cruelty to Animals has the right to
observe any activity taking place under section 3(1), and must be informed of
the stalking or flushing at least 24 hours in advance of commencement.
(5) During activities permitted under section 3(1), reasonable steps must be taken
to prevent injury to any animal involved or to kill the animal as humanely as
possible in order to relieve its suffering, if necessary.

3 Short title and commencement

(1) The short title of this Act is the Protection of Wild Mammals (Amendment)
(Scotland) Act 2017.
(1) This Act comes into force on the day after Royal Assent.