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

Saving: felling licence conditions – notice to require compliance - appeals

16.—(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 an appeal against a notice requiring compliance with felling licence conditions served under section 24 of the 1967 Act before the appointed day where—

(a) a notice requesting a review was sent in accordance with section 25(1) of the 1967 Act and regulation 14 of the 1979 Regulations before the appointed day, or

(b) a notice requesting a review is sent before the expiry of the period prescribed for that purpose in regulation 14 of the 1979 Regulations.

(3) The provisions are—

(a) sections 24, 25, 27, 30, 34, 35, 48 and 49 of the 1967 Act(1), and

(b) regulations 1, 3 and 14 and schedule 1 of the 1979 Regulations.

(4) The modifications are—

(a) section 27 of the 1967 Act is to be read as if—

(i) subsection (2)(a) were omitted,

(ii) for subsection (3)(c) there were substituted—

“(c) take into consideration any information provided to them by the Scottish Ministers as to the promotion of the establishment and maintenance of adequate reserves of growing trees within the conservancy in which the trees are growing.”,

(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 14 of the 1979 Regulations is to be read as if the reference in that regulation to “the appropriate Minister” were a reference to “the Scottish Ministers”, and

(e) Form 9 in schedule 1 of the 1979 Regulations is to be read as if the reference in that form to “the Secretary of State for Scotland, New St Andrews House, St James Centre, Edinburgh, EH1 3SX” were a reference to “the Scottish Ministers, St Andrews House, Regent Road, Edinburgh, EH1 3DG”.

(1)

Section 24 was amended by S.I. 2006/780 and S.I. 2013/755. Section 25 was amended by S.I 1999/1747 (“the 1999 Order”).