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).