SCHEDULES

SCHEDULE 2 E+W+S Conveyancing and Other Provisions connected with Forestry Dedication

Modifications etc. (not altering text)

C1 Sch. 2 extended (E.W.S.) by s. 15(5) and (E.W.) by s. 45(2) of the Countryside Act 1968 (c. 41, SIF 46:1), Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 39(4) and Agriculture Act 1986 (c. 49, SIF 2:1), s. 18(9)(10)

Sch. 2 applied (E.W.) (30.1.2001) by 2000 c. 37, ss. 16(5), 103(2) (with ss. 16(7), 43)

England and Wales E+W+S

1 (1) In the case of settled land in England or Wales, the tenant for life may enter into a forestry dedication covenant relating to the land or any part thereof either for consideration or gratuitously. E+W+S

(2) The M1 Settled Land Act 1925 shall apply as if the power conferred by subparagraph (1) above had been conferred by that Act; and for the purposes of section 72 of that Act (which relates to the mode of giving effect to a disposition by a tenant for life and to the operation thereof), and of any other relevant statutory provision applying to England or Wales, entering into a forestry dedication covenant shall be treated as a disposition.

(3) The foregoing provisions of this paragraph shall be construed as one with the Settled Land Act 1925.

[F1 (4) Section 28 of the M2 Law of Property Act 1925 (which confers the powers of a tenant for life on trustees for sale) shall apply as if the power of a tenant for life under sub-paragraph (1) above had been conferred by the Settled Land Act 1925.]

Textual Amendments

F1 Sch. 2 para. 1(4) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4), 25(5)); S.I. 1996/2974, art.2

Marginal Citations

M1 1925 c. 18(98:3)

M2 1925 c. 20(98:1)

2 E+W+S A university or college to which the M3 Universities and Colleges Estates Act 1925 applies may enter into a forestry dedication covenant relating to any land belonging to it in England or Wales either for consideration or gratuitously, and that Act shall apply as if the power conferred by this paragraph had been conferred by that Act.

Marginal Citations

M3 1925 c. 24(41:3)

3 E+W+S In the case of glebe land or other land belonging to an ecclesiastical benefice, the incumbent of the benefice and, in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation may with the consent of the Church Commissioners enter into a forestry dedication covenant relating to the land either for consideration or gratuitously, and the Ecclesiastical Leasing Acts shall apply as if the power conferred by this paragraph had been conferred by those Acts, except that the consent of the patron of an ecclesiastical benefice shall not be requisite.

Modifications etc. (not altering text)

C2 Para. 3 excluded as to incumbents by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 47(3), Sch. 7

Scotland E+W+S

4 (1) In the case of land in Scotland, any person being— E+W+S

(a) the liferenter, or

(b) the heir of entail,

in possession of the land shall have power to enter into forestry dedication agreements relating to the land or any part thereof.

(2) The M4 Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general powers of trustees) there were included a power to enter into forestry dedication agreements relating to the trust estate or any part thereof.

Modifications etc. (not altering text)

C3 Para. 4 extended (S.) with modifications by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 46(3)

Marginal Citations

M4 1921 c. 58(128)