Hunting with Dogs (Scotland) Act 2023 (asp 1)

(1) A person commits an offence if— (a) the person hunts a wild mammal using a dog, and (b) none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply. (2) A person who commits an offence under subsection (1) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). (3) In this Act— “ hunting ” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly), “ wild mammal ” means any mammal (other than a human)— (a) which— (i) is living in a wild state, (ii) is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or (iii) has been deliberately released from temporary or permanent human control, and (b) which is not— (i) a rat, (ii) a mouse, or (iii) living under temporary or permanent human control. (4) In this Part, a person is “using a dog” when the hunting of a wild mammal by that person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly). Commencement Information I1 S. 1 not in force at Royal Assent, see s. 31(2) I2 S. 1 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2

(1) A person commits an offence if— (a) the person— (i) is an owner or occupier of land, and (ii) knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and (b) none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply to the hunting. (2) A person commits an offence if— (a) the person— (i) owns or is responsible for a dog, and (ii) knowingly causes or permits another person to hunt a wild mammal using that dog, and (b) none of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 apply to the hunting. (3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). (4) It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3 , 5 , 6, 7, 8 or 9 applied to the hunting. (5) In this Part, an “owner” of land includes a person who— (a) manages or controls that land, or (b) is authorised to give permission for that land to be used for hunting. (6) In this Act, a person “is responsible for” a dog where the person— (a) is responsible for the dog on a temporary or permanent basis, (b) is in charge of the dog, or (c) has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b) . Commencement Information I3 S. 2 not in force at Royal Assent, see s. 31(2) I4 S. 2 in force at 3.10.2023 by S.S.I. 2023/262 , reg. 2