Hunting with Dogs (Scotland) Act 2023

3 Exception: management of wild mammals above ground

(1) This section applies if—

(a) a person is using a dog above ground to—

(i) search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in subsection (2),

(ii) search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i), and

(b) the conditions set out in subsection (3) are met.

(2) The purposes referred to in subsection (1)(a)(i) are—

(a) preventing serious damage to livestock, woodland or crops,

(b) preventing the spread of disease,

(c) protecting human health.

(3) The conditions referred to in subsection (1)(b) are that—

(a) either—

(i) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, or

(ii) the activity is carried out in accordance with a licence granted under section 4,

(b) any dog used in the activity is under control,

(c) unless paragraph (a)(ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.