- Latest available (Revised)
- Original (As enacted)
Hill Farming Act 1946, Section 26 is up to date with all changes known to be in force on or before 05 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
[F2(1)A person who intends to make muirburn during the muirburn season must give notice in writing under this section to—
(a)the proprietor of the proposed muirburn site (if different from the person making the muirburn); and
(b)any occupier of land situated within 1 kilometre of the proposed muirburn site.
(An order under section 23B(1) may make provision as to other notice to be given in relation to certain periods; and section 24(2) makes provision as to other notice to be given by a tenant.)
(2)Notice need not be given to a person (“A”) under this section if A has given notice in writing to the person intending to make muirburn that A wishes not to be notified of any intention to make muirburn.
(3)Where there are 10 or more occupiers of land situated within 1 kilometre of the proposed muirburn site, the person making muirburn may, instead of giving notice under this section to each occupier separately in accordance with section 26A, notify those persons collectively by placing a notice in at least one newspaper circulating in the area which includes the proposed muirburn site.
(4)Notice under this section must—
(a)be given—
(i)after the expiry of the previous muirburn season; and
(ii)not less than 7 days before the muirburn is made;
(b)specify the land on which the muirburn is intended to be made;
(c)specify that the person being notified may, before the muirburn is made, require further information in relation to—
(i)the dates on or between which the muirburn is intended to be made;
(ii)the places at which the muirburn is intended to be made; and
(iii)the approximate extent of the proposed muirburn.
(5)Where either the proprietor of the land or an occupier of land situated within 1 kilometre of the proposed muirburn site requests any of the further information mentioned in subsection (4)(c), the person intending to make the muirburn must make reasonable efforts to comply with the request not later than the end of the day before the muirburn is made.
(6)Any notice required to be given to proprietors of land under this section may be given to any person purporting to be authorised by the proprietor to receive the notice.
(7)Any person who fails to comply with the requirements of this section is guilty of an offence.]
Textual Amendments
F1S. 26 title substituted (S.) (1.8.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 34(7)(a), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(2)
F2S. 26(1)-(7) substituted for s. 26(1)(2) (S.) (1.8.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 34(7)(b), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: