The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021

PART 3 Other amendments to secondary legislation

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

11.—(1) The Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019(1) are amended as follows.

(2) In regulation 19 (saving: acquisition of land by agreement commenced before appointed day)—

(a) in paragraph (2)(a), for “section 39(a) of the 1967 Act” substitute “section 39 of the 1967 Act(2)”,

(b) in paragraph (3), for “schedule 4(b) of the 1967 Act” substitute “schedule 4 of the 1967 Act(3)”.

(3) In regulation 20 (saving: compulsory purchase proceedings commenced before the appointed day)—

(a) in paragraph (2)(a), for “sections 39 and 40(c) of the 1967 Act” substitute “sections 39 and 40 of the 1967 Act(4)”,

(b) in paragraph (3), for “schedule 5(d) of the 1967 Act” substitute “schedule 5 of the 1967 Act(5)”.

Amendment to the Felling (Scotland) Regulations 2019

12.—(1) The Felling (Scotland) Regulations 2019(6) are amended as follows.

(2) In regulation 4 (felling applications: additional information and powers of entry)—

(a) for paragraphs 1(b) and (c) substitute—

“(b) consult such persons and make such other inquiries as they may consider necessary or relevant for the purposes of making a decision on an application for felling permission.”,

(b) for paragraphs 2(b) and (c) substitute—

“(b) take onto the felling area such other persons or such equipment as they consider necessary for the purposes of making a decision on an application for felling permission.”.

(1)

S.S.I. 2019/47.

(2)

Section 39 was amended by S.I. 1999/1747 and S.I. 2013/755. Section 39(5) was repealed subject to savings specified in section 14(3) of the Requirements of Writing (Scotland) Act 1995, (c.7), schedule 5, paragraph 1.

(3)

Paragraph 2 of schedule 4 was amended by S.I. 1999/1747.

(4)

Section 40 was amended by the Local Government etc. (Scotland) Act 1994 (c.39), schedule 13, paragraph 69, the Postal Services Act 2011 (c.5), schedule 12(3), paragraph 86, S.I. 1999/1747, S.I. 2001/1149, and S.I. 2013/755.

(5)

Schedule 5 was amended by the Title Conditions (Scotland) Act 2003 (asp 9), section 110 and S.I. 1999/1747.

(6)

S.S.I. 2019/49.