Wildlife Management and Muirburn (Scotland) Act 2024 (asp 4)

Part 2 S Muirburn licensing

Miscellaneous S

21 Delegation S

(1) The Scottish Ministers may delegate the following functions to Scottish Natural Heritage—

(a) the application and granting of muirburn licences under sections 13, 14 and 15,

(b) the modification, suspension and revocation of muirburn licences under section 16,

(c) the approval of training courses under section 17,

(d) the preparation, publication, review and revision of the Muirburn Code under section 18,

(e) the functions in relation to the methods by which notice of the making of muirburn may be given conferred by section 19(3)(b) and (4).

(2) Any delegation must be made by written direction.

(3) Unless it specifies otherwise, a delegation under this section includes power to modify, suspend or revoke licences granted before the direction is made.

(4) The Scottish Ministers may modify or revoke a direction.

(5) Any licence which is in effect at the time a direction is revoked continues in effect following the revocation of the direction (unless the revocation specifies otherwise).

Commencement Information

I1 S. 21 not in force at Royal Assent, see s. 35(2)

I2 S. 21 in force at 1.7.2024 by S.S.I. 2024/168, sch. Pt. 1

Prospective

22 Interpretation of Part S

(1) In this Part—

• “Muirburn Code” is to be construed in accordance with section 18(1) and includes any supplementary material,

• “muirburn licence” has the meaning given in section 14(4),

• “muirburn season” is to be construed in accordance with section 20(1),

• “peat” means soil which has an organic content (that is, content consisting of living and dead plant and animal material) of more than 60%,

• “peatland” means land where the soil has a layer of peat with a thickness of more than 40 centimetres.

(2) In this Part, references to the making of muirburn include references to the setting of fire to, or the burning of, any heath or muir.

(3) The Scottish Ministers may, by regulations, amend the definition of “peat” and “peatland” in subsection (1).

(4) Before making regulations under subsection (3), the Scottish Ministers must consult—

(a) Scottish Natural Heritage, and

(b) such other persons as they consider likely to be interested in or affected by the making of muirburn.

(5) Regulations under subsection (3) are subject to the affirmative procedure.

Commencement Information

I3 S. 22 not in force at Royal Assent, see s. 35(2)

Prospective

23 Repeals and consequential amendments S

(1) The Hill Farming Act 1946 is amended as follows.

(2) Sections 23 to 23C are repealed.

(3) In section 24 (right of tenant to make muirburn notwithstanding terms of lease)—

(a) in subsection (1), after “Act” insert “and Part 2 of the Wildlife Management and Muirburn (Scotland) Act 2024”,

(b) in subsection (4), after “Act” insert “and Part 2 of the Wildlife Management and Muirburn (Scotland) Act 2024”.

(4) Sections 25 and 26 are repealed.

(5) In section 26A—

(a) in subsection (1), the words “or 26” are repealed,

(b) subsection (2) is repealed,

(c) the title to the section becomes “Giving of muirburn notices under section 24(2)”.

(6) Section 27 is repealed.

(7) In section 27A—

(a) in subsection (1), for “23 to 27 (including orders made under section 23B)” substitute “24 and 26A”,

(b) in subsection (2), for “23 to 27” substitute “24 and 26A”,

(c) in subsection (3), for “23 to 27 (including orders made under section 23B)” substitute “24 and 26A”,

(d) the title to the section becomes “Crown application: sections 24 and 26A”.

Commencement Information

I4 S. 23 not in force at Royal Assent, see s. 35(2)