Delegation by the Scottish Ministers of licensing functions6.

After regulation 44 (grant of licences for certain purposes)10 insert—

“Delegation of licence granting power: Scotland44A.

(1)

The Scottish Minsters may delegate their functions in relation to licences under regulation 44 to the appropriate nature conservation body.

(2)

A delegation may be, to any degree, general or specific and may in particular relate to—

(a)

a particular type of animal or plant,

(b)

a particular licence or type of licence, or

(c)

a particular area.

(3)

Unless it specifies otherwise, a delegation relating to a particular licence (or type of licence) includes the power to modify or revoke the licence (or licences of that type) where granted before the delegation.

(4)

A delegation is to be made by written direction.

(5)

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

(6)

The requirement on the Scottish Ministers under regulation 44(5) to take advice from the appropriate nature conservation body does not apply in the period when a direction under paragraph (4) has effect, in respect of any licence granted under the direction.

(7)

Where a direction is revoked, any existing licence granted under the direction continues to have effect (unless the revoking direction provides otherwise).”.