Natural Environment (Scotland) Bill - deer management: final business and regulatory impact assessment

Section 4: Additional implementation considerations

Enforcement/ compliance

NatureScot will monitor compliance with authorisations to undertake specified activities with the register of authorised persons once the register has been created by secondary legislation. NatureScot will also undertake environmental assessments, and monitor compliance with deer management plans, control agreements and controls schemes.

Police Scotland will enforce the provisions in the Bill relating to wildlife offences, respond to complaints by the public and report cases to the COPFS in the same way as they do in relation to other criminal offences.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/Intra-UK Trade

It is not envisaged that the Bill will impact on the internal market.

International Trade Implications

It is not envisaged that the Bill will have any international trade implications beyond removing some regulatory barriers within the Scottish venison supply chain.

While Scotland, and the wider UK, currently import venison from countries such as New Zealand, and export specific venison products from roe deer and deer in-season to Europe, the Bill does not contain provisions which will directly influence or impact this.

EU Alignment

The Bill has no impact on: the Scottish Government’s commitment to maintain and advance the high standards that Scotland shares with the EU; access to EU markets for people, goods, and services; or any implications for EU alignment associated with the United Kingdom Internal Market Act 2020 or Common Framework agreements.

Legal Aid

While the Bill contains new offences in relation to deer management, it is not anticipated that the Bill will result in a significant increase in people seeking legal assistance. There may be a minor increase in the number of people being taken through the court, there are very few incidences of wildlife crime resulting in criminal prosecution each year, and deer offences have historically been related to poaching. It is not envisaged that the provisions of the Bill will substantially change this.

Digital impact

There is limited digital impact. The Bill does contain provisions to allow the serving of notices to be carried out electronically with the prior agreement of the relevant owner or occupier. However, the option remains for owners or occupiers to receive notices via post, there is therefore no anticipated impact on offline businesses.

The Bill also contains provisions to improve the data available to NatureScot by allowing NatureScot to request certain information and documents where this relates to carrying out their functions under section 7 and 8 of the 1996 Act, and increased deer management generally will result in increased data on deer culls. NatureScot are increasingly collecting deer-data via a digital platform and the option will be there for landowners or occupiers to provide and submit information or a document electronically. Assessment of the digital impact of this method of data collection is for NatureScot to carry out.

Business forms

There will be a new form which will be required to be completed when applications are made for registration on the register of authorised persons (which will be created by secondary legislation). This will be developed by NatureScot as part of the development of the register.. NatureScot will consult with stakeholders as part of the development process for the new register including seeking feedback on any accompanying forms and guidance.

There may also be a new form for NatureScot to complete when registering a section 8 control scheme in the Land Register, or recording it, as the case may be, in the General Register of Sasines.

In any case the Scottish Government would test run any new forms with those who will be using them to ensure that they are fit for purpose and easy to use.