Scottish rural sector – increasing regulation for deer management

On 19 February 2025, the Natural Environment (Scotland) Bill (“the Bill”), was introduced to the Scottish Parliament. The Bill intends to assist with restoring nature and protecting biodiversity within Scotland. This update focuses on Part 4 of the Bill — ‘Deer Management’.

Deer management

The management of deer in Scotland is governed by the Deer (Scotland) Act 1996. The Bill introduces extensive amendments to the 1996 Act.

If the draft legislation becomes law, owners and occupiers of a particular area of land will be required to prepare and implement a Deer Management Plan (“DMP”). The process will be initiated by NatureScot serving a notice on relevant owners and occupiers requiring them to submit a DMP, containing reasons why NatureScot is satisfied a DMP is required.  The DMP must be approved by NatureScot.

A DMP outlines the strategies for sustainable deer management to prevent damage to public interests such as natural habitats and public safety. It must set out the measures that owners and occupiers will take, the time limit for taking those measures, who is to take the measures and any other matters that appear to be necessary. The Bill introduces a new ground as the basis for NatureScot requiring owners or occupiers of an area of land to prepare and implement a DMP where insufficient deer management is impeding projects or natural processes that serve to improve or restore the natural environment.

In addition, NatureScot is to draft a control agreement. A control agreement is a voluntary arrangement between NatureScot and landowners or occupiers. The agreement specifies the following:

• References a map and describes the control area and its extent.
• Measures which are to be taken in relation to deer in the area or any part of it.
• Where deer are to be reduced in number, the number and, the species, sex and class of the deer to be killed in or taken and removed from the control area and any part of it, and the limit of the number of the specific characteristic to be allowed to be established in the control area or any part of it.
• Measures taken by landowners and occupiers for the time being of land in the control area for the purposes of the agreement.
• The time limits for owners and occupiers are to take any measures.
• Measures to be taken during each 12 month period for which the control agreement has effect.

The measures aim to prevent damage to agriculture, the national heritage and the woodlands, and to mitigate risks to public safety. Where NatureScot forms a view, having regard to the nature and character of the particular area of land, that measure should be taken, it is required to provide the relevant owners and occupiers with notice of the control agreement. NatureScot then drafts the control agreement.

Amendments have also been made to the control scheme. Control schemes are statutory measures, where control agreements are not feasible or where compliance with a control agreement has been inadequate. NatureScot can serve a notice proposing to make, vary or revoke a control scheme. Objections are to be made to the Scottish Ministers within a period of 28 days beginning with the date of service of the notice. Only those part of the control scheme can object to the proposals or any part of the scheme. The Scottish Ministers will consider any objections, and either confirm the proposal as originally proposed, confirm with modifications or reject the proposal. A relevant person aggrieved by the decision to confirm the making, variation or revocation of a control scheme can appeal.

The Bill also introduces amendments to existing powers that allow NatureScot to intervene in instances where deer are deemed to impact nature restoration activities.

“(a) Intervention is permitted, if the deer management within a particular area (or if there is no management in place) has caused or is likely to cause the following:

(i) Damage to woodland, to agricultural protection, including any crops or foodstuffs, to the welfare of deer, whether directly or indirectly, to the natural heritage or environment generally;

(ii) Damage to public interests of a social, economic or environmental nature; or

(iii) Injury to livestock, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise, or

 (b) deer have become a danger or potential danger to public safety.”

NatureScot can also intervene where deer are likely to prevent or reduce the effectiveness of a project, work or natural process that:

 “(a) preserves, protects, restores enhances or otherwise improves the natural heritage or environment; and 

  (b) is for, or contributes to, a relevant target, strategy or plan relating to the environment, climate change or biodiversity that applies in Scotland.”

Offences created by the Bill

The Bill contains several new offences:

• Using vehicles to drive deer unless NatureScot has granted an authorisation.
• Shooting a deer with a shot gun, unless permitted under an authorisation where one of the grounds for intervention (damage by deer or nature restoration) must apply. In addition, NatureScot must be satisfied that other means of control are not adequate. An authorisation cannot be granted unless the applicant for the authorisation is “fit and competent.” A person who shoots a deer with a shot gun may be liable for a maximum fine of £2,500 per deer.
• Failing to report the taking or killing of a stray farmed deer.

Next steps

We will track the Bill as it progresses through the Scottish Parliament. At this stage, it is clear that the legislation, once it comes into force, will have a significant impact on the way in which deer are managed and controlled by the Scottish rural sector.

We are seeing significant legal developments impacting the rural sector. The Wildlife Management and Muirburn (Scotland) Act 2024 is a recent example. The Bill is a continuation of the trend of increasing regulatory demands on organisations operating in the sector. Please get in touch if you have any questions on these recent developments.