High Hedges (Scotland) Act 2013 Explanatory Notes

1. Introduction

2. Summary

3. Commentary on Sections

   1. Meaning of “high hedge”

      1. Section 1 – Meaning of “high hedge”

   2. High hedge notices

      1. Section 2 – Application for high hedge notice

      2. Section 3 –Pre-application requirements

      3. Section 4 – Fee for application

      4. Section 5 – Dismissal of application

      5. Section 6 – Consideration of application

      6. Section 7 – Notice of decision where no action to be taken

      7. Section 8 – High hedge notice

      8. Section 9 – Effect of high hedge notice

      9. Section 10 – High hedge notice: withdrawal and variation

      10. Section 11 – Tree preservation orders

   3. Appeals

      1. Section 12 – Appeals

      2. Section 13 – Effect of appeal

      3. Section 14 – Determination of appeal

      4. Section 15 – Person appointed to determine appeal

      5. Section 16 – Notice of determination

      6. Section 17 – Period for taking initial action following appeal

   4. Powers of entry

      1. Section 18 – Power to enter neighbouring land

      2. Section 19 – Supplementary powers

      3. Section 20 – Warrant authorising entry

      4. Section 21 – Offence

   5. Local authority enforcement action

      1. Section 22 – Power to take action

      2. Section 23 – Warrant authorising entry by local authority

      3. Section 24 – Local authority action: offence

   6. Expenses of enforcement

      1. Section 25 – Recovery of expenses from owner of land

      2. Section 26 – Notice of liability for expense of local authority action

      3. Section 27 – Recovery of expenses from new owner of land

      4. Section 28 – Continuing liability of former owner

      5. Section 29 – Notice of discharge

      6. Section 30 – Receipt of notices by the Keeper

   7. General

      1. Section 31 – Guidance

      2. Section 32 – Report on operation of Act

      3. Section 33 – Service of documents

      4. Section 34 - Interpretation

      5. Section 35 – Power to modify meaning of “high hedge”

      6. Section 36 – Ancillary provision

      7. Section 37 – Crown application

      8. Section 38 – Commencement

4. Parliamentary History