The Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019

Saving: unauthorised felling - restocking notices served before the appointed day – enforcement after the appointed day S

17.—(1) Where paragraph (2) applies, the provisions referred to in paragraph (3) continue to have effect, subject to the modifications in paragraph (4), on an after the appointed day as they did immediately before that day.

(2) This paragraph applies to any restocking notice issued under section 17A of the 1967 Act M1 before the appointed day.

(3) The provisions are—

(a) sections 17A to 17C, 24, 25, 26(1), (3) and (4), 27, 30, 34, 35, 48 and 49 of the 1967 Act M2 , and

(b) regulations 1, 3, 8A, 13 and 14 and Forms 6A and 9 in schedule 1 of the 1979 Regulations.

(4) The modifications are—

(a) section 17B is to be read as if for subsection (2) there were substituted—

“(2) The Scottish Ministers may, after considering the committee's report, withdraw the notice or notify the objector that it shall have effect subject to such modifications as the Scottish Ministers may direct.”,

(b) section 24 of the 1967 Act is to be read as if the references in subsections (2) to (4) to “the appropriate forestry authority” were references to “the Scottish Ministers”.

(c) Section 26 of the 1967 Act is to be read as if the references to “the appropriate forestry authority” were references to “the Scottish Ministers”.

(d) section 27 of the 1967 Act is to be read as if—

(i) subsection (2)(a) were omitted, and

(ii) for subsection (3)(c) there were substituted—

“(c) take into consideration any information provided to them by the Scottish Ministers as to the promotion of the establishment and maintenance of adequate reserves of growing trees within the conservancy in which the trees are growing.”,

(e) section 30 of the 1967 Act is to be read as if the reference to “the appropriate forestry authority” were a reference to “the Scottish Ministers”,

(f) section 48 of the 1967 Act is to be read as if—

(i) the references in subsection (1A)(a) to “the Commissioners” were references to “the Scottish Ministers”,

(ii) subsection (2) were omitted, and

(iii) the reference to “the appropriate forestry authority” in subsection (3) were a reference to “the Scottish Ministers”,

(g) regulation 8A of the 1979 Regulations is to be read as if the reference to “the appropriate Minister” were a reference to “the Scottish Ministers”,

(h) regulation 13 of the 1979 Regulations is to be read as if the reference to “the Commissioners” were a reference to “the Scottish Ministers”,

(i) Form 6A in schedule 1 of the 1979 Regulations is to be read as if the reference in that form to “the Secretary of State for Scotland, New St Andrews House, St James Centre, Edinburgh, EH1 3SX” were a reference to “the Scottish Ministers, St Andrews House, Regent Road, Edinburgh, EH1 3DG”, and

(j) Form 9 in schedule 1 of the 1979 Regulations is to be read as if—

(i) the reference in that form to the “Forestry Commissioners” were a reference to “the Scottish Ministers, and

(ii) the reference in that form to “the Secretary of State for Scotland, New St Andrews House, St James Centre, Edinburgh, EH1 3SX” were a reference to “the Scottish Ministers, St Andrews House, Regent Road, Edinburgh, EH1 3DG.

Commencement Information

I1 Reg. 17 in force at 1.4.2019, see reg. 1(1)

Marginal Citations

M1 Section 17A was inserted by the Forestry Act 1986 (c.30), section 1 and was amended by the 1999 Order, schedule 12(II), paragraph 4(9).

M2 Sections 17B and 17C were inserted by the Forestry Act 1986 (c.30), section 1. Section 17B was amended by the 1999 Order and section 17C was amended by the 1999 Order and S.I. 2006/780.