The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by sections 25(3), 77 and 85(2) and (7) of the Forestry and Land Management (Scotland) Act 2018 (“the 2018 Act”). The 2018 Act confers a range of functions on the Scottish Ministers in relation to forestry and the management of forested land and other land in Scotland. Section 81 of the 2018 Act also provides that the functions of the Forestry Commissioners which were exercisable immediately before 1 April 2019, will no longer be exercisable in or as regards Scotland after that date.

These Regulations make amendments to secondary legislation relating to forestry and the management of forested and other land in Scotland. The amendments primarily make consequential amendments as a result of the transfer of functions from the Forestry Commissioners to the Scottish Ministers.

Regulations 2 to 9 make minor consequential amendments to various pieces of secondary legislation, updating , for example, references to “Forestry Commissioners” to reflect the transfer of forestry functions to the Scottish Ministers.

Regulation 10 amends the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 (“the 2017 Regulations”). Consequential changes are made throughout, updating what are now out of date references to “the Forestry Commissioners” and processes which are no longer relevant as a consequence of the transfer of functions to the Scottish Ministers by virtue of section 81 of the 2018 Act. The consequential amendments bring the Forestry EIA regime into line with other Scottish EIA regimes as set out in, for example, the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 and the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017.

Regulations 11 and 12 correct minor and technical errors in the Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019 and the Felling (Scotland) Regulations 2019.

Regulation 13 preserves the provisions of the 2017 Regulations, subject to relevant modifications, which allow for appeals to be made against certain decisions relating to EIA consent and enforcement notices. The amendments made to the 2017 Regulations, insofar as they relate to appeals under regulation 30 or paragraph 4 of schedule 4 of those Regulations, do not apply in relation to an application for EIA consent made, or an enforcement notice served, prior to the coming into force of these Regulations.

Regulations 14 to 17 make transitional provision as regards requests for screening opinions, screening directions, scoping opinions and scoping directions made prior to 18 March 2021. The effect is that such requests are to be treated as if they were requests made under the relevant provisions of the 2017 Regulations as those provisions are amended by these Regulations.