The Felling (Scotland) Regulations 2019

Temporary stop notice: calculation of compensation

22.—(1) The compensation to which a person may be entitled under section 47(1) of the Act is limited to losses suffered over the period referred to in paragraph (2) as a consequence of the prohibition of felling effected by the temporary stop notice.

(2) Any compensation payable under section 47(1) of the Act must be calculated by reference to the period beginning on the date that the temporary stop notice had effect under section 45(8) of the Act until the date the temporary stop notice was revoked under section 45(5) of the Act.

(3) In calculating any compensation that may be payable under section 47(1) of the Act, the Scottish Ministers must-

(a) take no account of deterioration in the quality of the timber that is attributable to neglect of the trees after the temporary stop notice was sent to the applicant, and

(b) ascertain the value of the trees on the basis of current market prices at the date the claim was received by the Scottish Ministers in accordance with regulation 21.

(4) The Scottish Ministers may request from the claimant any information that the Scottish Ministers consider to be necessary for the purpose of making a determination in relation to the claim for compensation.

(5) The claimant must give the Scottish Ministers any information requested under paragraph (4) within—

(a) a period of 28 working days beginning with the day on which the request was sent to the claimant, or

(b) such longer period as the Scottish Ministers may notify to the claimant in writing.

(6) If the claimant fails to provide requested information within a timescale required by or under paragraph (5), the Scottish Ministers may reject the claim for compensation without further consideration.