Wildlife Management and Muirburn (Scotland) Act 2024

18 Muirburn Code

(1) The Scottish Ministers must prepare a code (the “Muirburn Code”) in relation to how to make muirburn safely and appropriately.

(2) The Muirburn Code may, in particular, include provision as to—

(a) how the thickness of a layer of peat is to be determined,

(b) the times of day muirburn may be made,

(c) safety requirements when making muirburn.

(3) The Scottish Ministers must review and, if they consider it appropriate, revise the Muirburn Code by the end of each review period.

(4) The Scottish Ministers must publish the Muirburn Code prepared under subsection (1) and any revised code under subsection (3) as soon as practicable after it is prepared or, as the case may be, revised.

(5) The Scottish Ministers must, in preparing, reviewing or revising the Muirburn Code, consult—

(a) Scottish Natural Heritage, and

(b) such other persons as they consider likely to be interested in or affected by the making of muirburn including persons involved in the management of land on which muirburn may be made.

(6) Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 21.

(7) In this section, “review period” means—

(a) the period of 5 years beginning with the day on which section 12 comes into force, and

(b) each subsequent period of 5 years.