Hill Farming Act 1946

Muirburn (Scotland) U.K.

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 22 repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)

23 Prohibition of muirburn at certain times. U.K.

(1) Subject to the provisions of this section [F2 and to section 23A,] it shall not be lawful to make muirburn except before the sixteenth day of April or after the thirtieth day of September in any year:

Provided that it shall be lawful for the proprietor of any lands, or for the tenant with the written authority of the proprietor or of his factor or commissioner, to make muirburn thereon during the period from the sixteenth day to the thirtieth day of April both days inclusive.

(2) In the case of lands more than [F3 four hundred and fifty metres]above sea level the preceding subsection shall have effect as if for the thirtieth day of April there were substituted the fifteenth day of May.

(3) The Secretary of State may in any year, if it appears to him necessary or expedient so to do for the purpose of facilitating the making of muirburn, direct that subsection (1) of this section shall have effect as respects such lands as may be specified in the direcion as if for the sixteenth day of April there were substituted such day thereafter as he may deem proper, being a day not later than the first day of May or, in the case of lands more than [F3 four hundred and fifty metres]above sea level, the sixteenth day of May. Any such direction may be given as respects all lands in Scotland, or as respects the lands in any county or any part of a county, or as respects any particular lands or classes of lands.

Notice of the giving of any direction under this subsection (other than a direction given only as respects any particular lands) shall be published in one or more newspapers circulating in the locality in which the lands to which the direction relates are situated.

(4) Any person who makes muirburn or causes or procures the making of muirburn on any lands in contravention of this section shall be guilty of an offence.

Textual Amendments

F2 Words in s. 23(1) inserted (S.) (31.10.2009) by Climate Change (Scotland) Act 2009 (asp 12), s. 100(2), sch. 2 para. 1 (with s. 95); S.S.I. 2009/341, art. 2(2)(c)

F3 Words substituted by S.I. 1977/2007, reg. 2, Sch. 2

[F4 23A Power to vary permitted times for making muirburn S

(1) The Scottish Ministers may, by order, modify section 23 so as to substitute for any of the dates for the time being mentioned in subsection (1), (2) or, as the case may be, (3) of that section such other dates as they consider appropriate as the dates before which or after which it is lawful to make muirburn in any year.

(2) The Scottish Ministers may make an order under subsection (1) only if they consider it necessary or expedient to do so in relation to climate change.

(3) An order under subsection (1) may not modify any of the dates for the time being mentioned in section 23 if the modification would result in a period during which it is lawful to make muirburn in any year being shorter than the corresponding period which applied immediately before the coming into force of section 58 of the Climate Change (Scotland) Act 2009 (asp 12).

(4) The power conferred by subsection (1) is exercisable by statutory instrument.

(5) No statutory instrument containing an order under subsection (1) may be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.]

Textual Amendments

F4 S. 23A inserted (S.) (31.10.2009) by Climate Change (Scotland) Act 2009 (asp 12), ss. 58(1), 100(2) (with s. 95); S.S.I. 2009/341, art. 2(2)(a)

24 Right of tenant to make muirburn notwithstanding terms of lease. U.K.

(1) Where the tenant of any land is of the opinion that it is necessary or expedient for the purpose of conserving or improving that land to make muirburn thereon, it shall, subject to the provisions of this Act, be lawful for him to make muirburn thereon notwithstanding any provision in the lease of such land prohibiting, whether absolutely or subject to conditions, or restricting in any way, the making of muirburn.

(2) Not less than twenty-eight days before so making muirburn the tenant shall give notice to the proprietor of the land of the places at which, and the approximate extent to which he proposes to make muirburn; and if the proprietor is dissatisfied as to the places at which, or the extent to which the tenant proposes to make muirburn, he shall, within seven days after the receipt of the intimation from the tenant, give notice to the tenant stating the grounds of his dissatisfaction and shall refer the matter to the Secretary of State for his decision, and pending such decision the tenant shall not proceed with the operation of muirburn with respect to which reference has been so made.

(3) On any reference under the foregoing subsection the Secretary of State, after such inquiry as he may think fit, and after considering any representations made by the parties interested, shall give such directions as he may deem proper regulating the muirburn, and it shall thereupon be lawful for the tenant to make muirburn in accordance with the direction. Any direction given by the Secretary of State under this subsection shall be final.

(4) It shall subject to the provisions of this Act be lawful for the tenant of any land, notwithstanding any provision in the lease of such land prohibiting, whether absolutely or subject to conditions, or restricting in any way, the making of muirburn, to make muirburn thereon if the work is done in accordance with an approved hill farming land improvement scheme; and the provisions of subsections (2) and (3) of this section shall not apply to the making of such muirburn.

25 Regulation of muirburn. U.K.

Any person who—

(a) commences to make muirburn between one hour after sunset and one hour before sunrise; or

(b) fails to provide at the place where he is about to make muirburn, or to maintain there while he is making muirburn, a sufficient staff and equipment to control and regulate the burning operations so as to prevent damage to any woodlands on or adjoining the land where the operations are taking place or to any adjoining lands, march fences or other subjects; or

(c) makes muirburn on any land without having given to the proprietors of the lands or woodlands adjoining the land and, if he is a tenant, to the proprietor of the land, not less than twenty-four hours’ notice of his intention to make muirburn and of the day on which, the places at which and the approximate extent to which, he intends to make muirburn; or

(d) makes muirburn on any land without due care so as to cause damage to any woodlands on or adjoining the land or any adjoining lands, woodlands, march fences or other subjects,

shall be guilty of an offence.

26 Notices as to muirburn. U.K.

(1) Any notice required to be given under either of the two last preceding sections shall be given in writing.

(2) Any notice so required to be given to the proprietor shall be deemed to be given to the proprietor if it is given to his factor, commissioner or other local representative.

27 Offences as to muirburn. U.K.

Any person guilty of an offence against section twenty-three or section twenty-five of this Act shall be liable on summary conviction to a fine not exceeding [F5 five pounds or to imprisonment for a term not exceeding thirty days or to both such fine and such imprisonment.][F5 level 3 on the standard scale]

Textual Amendments

F5 Words “level 3 on the standard scale” substituted (S.) for “five pounds or to imprisonment for a term not exceeding thirty days or to both such fine and such imprisonment” by virtue of Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(3) and Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G