The Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019

Saving: refusal of an application for a felling licence before the appointed day – compensation

13.—(1) Where paragraph (2) applies, the provisions referred to in paragraph (3) continue to have effect, subject to the modifications in paragraph (4), on and after the appointed day as they did immediately before that day.

(2) This paragraph applies to any claim for compensation under section 10(2) and 11 of the 1967 Act in respect of refusal of an application for a felling licence where—

(a) the claim for compensation was sent to the Conservator in accordance with section 11 of the 1967 Act and regulation 5 of the 1979 Regulations before the appointed day, or

(b) the claim for compensation is sent to the Scottish Ministers in accordance with section 11 of the 1967 Act and regulation 5 of the 1979 regulations before the expiry of the period set out in section 11 for that purpose.

(3) The provisions are—

(a) sections 10 (2) and (4), 11, 13, 29 to 31, 34, 35, 48 and 49 of the 1967 Act, and

(b) regulations 1, 3 and 5 and schedule 1 of the 1979 Regulations.

(4) The modifications are—

(a) Section 11 of the 1967 Act is to be read as if—

(i) for subsection (2) there were substituted—

“(2) Compensation under this section shall be recoverable from the Scottish Ministers on a claim made in the form prescribed for that purpose in regulation 5 and Form 2 in schedule 1 of the 1979 Regulations.”, and

(ii) subsection (5) were omitted,

(b) section 30 of the 1967 Act is to be read as if the reference to “the appropriate forestry authority” were a reference to “the Scottish Ministers”,

(c) section 48 of the 1967 Act is to be read as if—

(i) the references in subsection (1A)(a) to “the Commissioners” were references to “the Scottish Ministers”,

(ii) subsection (2) were omitted, and

(iii) the reference to “the appropriate forestry authority” in subsection (3) were a reference to “the Scottish Ministers”,

(d) regulation 5 of the 1979 Regulations is to be read as if the reference to “the Conservator” were a reference to “the Scottish Ministers”,

(e) Form 2 in schedule 1 of the 1979 Regulations is to be read as if—

(i) the reference in paragraph 1 to “the Forestry Commissioners” were a reference to “the Scottish Ministers”, and

(ii) the reference to “the Conservator, Forestry Commission” were a reference to “the Scottish Ministers”.