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

Saving – applications for felling licence determined under the 1967 Act after the appointed day - compensation

7.—(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 a decision of the Scottish Ministers to refuse to grant a felling licence in determining an application in the circumstances referred to in regulation 3(2).

(3) The provisions are—

(a) section 10(4)(a), 11, 29 to 31, 34, 35, 48 and 49 of the 1967 Act(1), and

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

(4) The modifications are—

(a) section 10(4)(a) of the 1967 Act is to be read as if the reference to “the appropriate forestry authority” were a reference to “the Scottish Ministers”,

(b) section 11 of the 1967 Act is to be read as if—

(i) the references to “the appropriate forestry authority” were references to “the Scottish Ministers”,

(ii) for subsections (2) and (3) 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 of the 1979 Regulations.

(3) Claims for compensation in the case of any trees may be made from time to time in respect of deterioration taking place after the refusal of a felling licence for those trees but no such claim shall be made more than 12 months after the date the applicant is notified of the decision to refuse to grant the licence under section 10(6).”, and

(iii) subsection (5) were omitted,

(c) 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”,

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

(i) the references to “the appropriate enforcement authority” and “the appropriate forestry authority” were references to “the Scottish Ministers”,

(ii) subsection (1A)(a) were omitted, and

(iii) subsection (2) were omitted,

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

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

(i) the references to “the Forestry Commissioners” were references to “the Scottish Ministers”,

(ii) the alternative paragraph 2 were omitted, and

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

(1)

Section 11 was amended by the 2004 Act, schedule 7, paragraph 2(2).