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Forestry and Land Management (Scotland) Act 2018

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This is the original version (as it was originally enacted).

PART 5General powers

69Information, research and education etc.

The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act—

(a)conduct research and inquiries,

(b)collect data and publish statistics or other information,

(c)provide education and training,

(d)encourage or assist other persons to do any of the things mentioned in paragraphs (a) to (c).

70Power to form companies etc.

The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act—

(a)form, or participate in the forming of, a body corporate,

(b)act, or appoint a person to act, as an officer of a body corporate.

71Financial assistance

(1)The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act, provide such financial assistance to any person as they consider appropriate.

(2)In subsection (1), “financial assistance” includes grants, loans, guarantees and indemnities.

(3)The Scottish Ministers may attach conditions (including conditions as to repayment or the payment of interest) in respect of any financial assistance provided.

72Charging

The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act, impose charges of such amounts as they consider appropriate.

73Chief forester

(1)The Scottish Ministers must, for the purposes of assisting and advising them in the carrying out of their functions under this Act, appoint an officer to be known as the chief forester.

(2)The Scottish Ministers must by regulations prescribe qualifications to be held by the person appointed as chief forester.

74Arrangements for carrying out forestry and land management functions

(1)The Scottish Ministers must, in making administrative arrangements for the purposes of carrying out their forestry and land management functions, establish a single agency or two agencies comprising all members of staff of the Scottish Administration involved in carrying out such functions.

(2)For the purposes of this section, “forestry and land management functions” means—

(a)the Scottish Ministers’ functions under Parts 2 to 4 and sections 69 to 72,

(b)such other functions relating to or in connection with forestry and land management as the Scottish Ministers may determine.

75Report on operation of administrative arrangements

(1)The Scottish Ministers must, as soon as practicable after the end of the 5 year period, lay before the Scottish Parliament a report on the operation of the administrative arrangements for the carrying out of relevant functions during that period.

(2)In this section—

  • “relevant functions” means the Scottish Ministers’ functions under Parts 2 to 4 and sections 69 to 72,

  • “the 5 year period” means the period of 5 years beginning with the day on which section 2 comes into force.

(3)The report must, in particular, set out how the administrative arrangements have operated in relation to—

(a)the governance of any agency,

(b)the roles and responsibilities of senior officers of any such agency,

(c)the financial reporting and accountability of any such agency,

(d)the establishment of any advisory groups to assist the Scottish Ministers in carrying out relevant functions,

(e)the exercise of the powers in section 70.

(4)The report must also contain information about any significant change to the administrative arrangements during the 5 year period.

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