DEER DAMAGE AND OCCUPIERS’ RIGHTS – WHAT HAPPENS NEXT?

The Natural Environment (Scotland) Act 2026 received Royal Assent earlier this year. While many of the changes are not yet in force, one of the most closely watched reforms is the expansion of the rights of occupiers and grazings committees to take action where deer are causing damage. 

Concerns have been raised about safety as a result of more than one party having rights to kill deer on the same land at the same time and the potential interference with rights of tenants under sporting leases. 

In response, an amendment was made in the final legislative stages giving the Scottish Ministers powers to make regulations setting out further provisions as to how the rights are exercised. These regulations may include requirements which must be met before the rights can be exercised (for example, giving notice), together with penalties for non-compliance. These regulations would be subject to consultation, giving stakeholders the opportunity to provide feedback. 

The Act also provides that the Code of Practice on Deer Management must make provision about the exercise of the rights of occupiers and grazings committees to prevent damage by deer. The Cabinet Secretary indicated that the updated Code will cover safety concerns and provide further guidance on the relationship between occupiers, owners and sporting tenants. 

The new rights are not yet in force and the detail of how they will operate remains under development. They are not included in the proposed October 2026 commencement package and a further update is expected. Future regulations and the revised Code of Practice will be important in balancing the interests of occupiers, landowners and sporting tenants. 

If you would like to discuss any of these aspects further, please click the image below and get in touch with your Turcan Connell contact.