Search Legislation

Forestry and Land Management (Scotland) Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this chapter contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Forestry and Land Management (Scotland) Act 2018, CHAPTER 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

CHAPTER 1SGeneral forestry functions

Duty to promote sustainable forest managementS

2Duty to promote sustainable forest managementS

(1)The Scottish Ministers must promote sustainable forest management.

(2)A Scottish public authority must, in exercising any of its functions, promote sustainable forest management so far as is consistent with the proper exercise of those functions.

Forestry strategyS

3Duty to prepare forestry strategyS

(1)The Scottish Ministers must prepare a forestry strategy.

(2)The forestry strategy—

(a)must set out a vision for forestry in Scotland,

(b)must set out the Scottish Ministers' objectives, priorities and policies with respect to the promotion of sustainable forest management, and

(c)may set out other matters with respect to the promotion of sustainable forest management.

(3)The forestry strategy must include the Scottish Ministers' objectives, priorities and policies with respect to—

(a)the creation of woodland,

(b)the economic development of forestry,

(c)targets for the planting of trees,

(d)the conservation and enhancement of the environment by means of sustainable forest management,

(e)the realisation of the social benefits of forestry,

(f)the acquisition and disposal of land under sections 18 to 20,

(g)the production and supply of timber and other forest products.

(4)The Scottish Ministers—

(a)must keep the forestry strategy under review, and

(b)may, if they consider it appropriate to do so, revise the strategy.

(5)If the Scottish Ministers have not revised the forestry strategy under subsection (4)(b) within the period of 9 years beginning with the day on which the strategy was last published, they must revise the strategy.

4Preparation and revision of forestry strategyS

(1)In preparing or revising the forestry strategy, the Scottish Ministers must—

(a)publish a draft of the strategy and consult with such bodies as they consider appropriate and also with the general public,

(b)have regard to—

(i)the land use strategy (prepared under section 57 of the Climate Change (Scotland) Act 2009),

(ii)the land rights and responsibilities statement (prepared under section 1 of the Land Reform (Scotland) Act 2016),

(iii)Article 2 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change,

(iv)the code of practice on deer management (drawn up under section 5A of the Deer (Scotland) Act 1996), and

(v)the Scottish Biodiversity Strategy (prepared under section 2 of the Nature Conservation (Scotland) Act 2004).

(2)The forestry strategy must be prepared and revised with a view to achieving consistency, so far as practicable, between the objectives, priorities and policies set out in the strategy and the Scottish Ministers' other functions.

5Publication of forestry strategyS

(1)The Scottish Ministers must publish the forestry strategy and each revision of it.

(2)The Scottish Ministers must lay a copy of the forestry strategy and each revision of it before the Scottish Parliament.

(3)When complying with subsection (1), the Scottish Ministers must also publish a report setting out—

(a)the consultation process undertaken in order to comply with section 4(1)(a), and

(b)the ways in which views expressed during that process have been taken account of in preparing or revising the forestry strategy.

(4)The Scottish Ministers must lay a copy of a report under subsection (3) before the Scottish Parliament.

6Duty to have regard to forestry strategyS

The Scottish Ministers must have regard to the forestry strategy when—

(a)complying with their duty to promote sustainable forest management,

(b)exercising any of their tree health and silvicultural material testing functions under the Plant Varieties and Seeds Act 1964 and the Plant Health Act 1967 (see Chapter 2),

(c)managing forested land in accordance with section 11,

(d)acquiring land under section 18(1) or 19(1),

(e)disposing of forested land under section 20(1),

(f)exercising any of the following functions for the purposes of or in connection with the carrying out of a function mentioned in paragraphs (a) to (e)—

(i)section 69 (information, research and education etc.),

(ii)section 70 (power to form companies etc.),

(iii)section 71 (financial assistance),

(iv)section 72 (charging).

7Report on forestry strategyS

(1)The Scottish Ministers must, as soon as practicable after the end of each reporting period, prepare and publish a report setting out—

(a)progress made in the reporting period in respect of the objectives, priorities and policies included in the forestry strategy,

(b)an assessment of the extent to which funding and support provided by them has assisted in achieving such progress,

(c)steps taken in the reporting period to keep the forestry strategy under review.

(2)The Scottish Ministers must lay a copy of each report prepared and published under this section before the Scottish Parliament.

(3)In this section, “reporting period” means the period of 3 years beginning with the day on which the forestry strategy was last published and each subsequent period of 3 years.

Duty to make arrangements for researchS

8Duty to make arrangements for research in relation to the promotion of sustainable forest managementS

The Scottish Ministers must make arrangements for the carrying out of research in relation to matters relevant to their duty to promote sustainable forest management.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources