SCHEDULES

SCHEDULE 8Tree preservation orders: further amendments

Forestry Act 1967 (c. 10)

2

(1)

Section 15 (trees subject to preservation orders under Planning Acts) is amended as follows.

(2)

In subsection (1) for “consent under the order” substitute “ relevant consent ”.

(3)

After subsection (1) insert—

“(1A)

In subsection (1) “relevant consent” means—

(a)

in the case of trees in F1England or Wales, consent under tree preservation regulations;

(b)

in the case of trees in Scotland, consent under the tree preservation order.”

(4)

In subsection (5) for the words from “application” to “thereunder” substitute “ relevant application shall be entertained ”.

(5)

After subsection (5) insert—

“(5A)

In subsection (5) “relevant application” means—

(a)

in the case of trees in F2England or Wales, an application under tree preservation regulations for consent under the regulations;

(b)

in the case of trees in Scotland, an application under a tree preservation order for consent under the order.”