Explanatory Notes

Wildlife and Natural Environment (Scotland) Act 2011

2011 asp 6

7 April 2011

The Act – Commentary on Sections

Part 4 – Other Wildlife Etc.

Section 33 – Protection of badgers
Subsections (6) and (7)
Delegation of licence-granting power – inserted section 10A of the 1992 Act

204.Section 10A of the 1992 Act allows Scottish Ministers to delegate any of their licensing functions to SNH by written direction, or certain development functions to a local authority by order subject to negative procedure (see subsections (8) and (9)) following consultation with the local authority, SNH and anyone else affected by the making of the order. If a local authority has been delegated licensing functions, they must consult SNH before granting or modifying a licence.