Forestry Act 1967

Part III E+W+S Administration and Finance

Advisory bodies E+W+S

37 Committees to advise Commissioners. E+W+S

(1) For the purpose of advising the Commissioners as to the performance of their functions under section 1(3) and Part II of this Act, and such other functions as the Commissioners may from time to time determine, the Commissioners shall continue to maintain—

(a) the central advisory committee for Great Britain known as the Home Grown Timber Advisory Committee; and

(b) a regional advisory committee for each conservancy (within the meaning of Part II of this Act) in Great Britain.

(2) In relation to the performance of their duty of promoting the establishment and maintenance in Great Britain of adequate reserves of growing trees, the Commissioners shall from time to time, and as a general rule not less than quarterly, consult with the Home Grown Timber Advisory Committee; and the power of the Commissioners under section 32 of this Act to make regulations shall not be exercisable except after consultation with the said Committee.

(3) The Commissioners shall—

(a) in considering whether to refuse a felling licence under Part II of this Act, or to grant it unconditionally or subject to any conditions; and

(b) in considering whether to give felling directions under the said Part II,

take into account any advice tendered by the regional advisory committee for the conservancy in which are growing the trees to which the felling licence applied for, or the directions proposed to be given, relate.

38 Composition etc. of advisory committees. E+W+S

(1) The chairman and other members of the Home Grown Timber Advisory Committee and of each regional advisory committee shall be appointed by the Commissioners, and shall hold and vacate office in accordance with the terms of the instrument by which they are appointed.

(2) The Home Grown Timber Advisory Committee shall consist of not more than twenty-five members, and of those members (other than chairman)—

(a) not less than six nor more than eight shall be persons appointed by the Commissioners after consultation with organisations appearing to them to represent the interests of owners of woodlands; and

(b) not less than six nor more than eight shall be persons appointed by the Commissioners after consultation with organisations appearing to them to represent the interests of timber merchants.

(3) Each regional advisory committee shall consist of not less than seven nor more than [F1 twelve] members, and of those members (other than the chairman) not less than four shall be persons appointed by the Commissioners after consultation with organisations appearing to them to represent the interests of owners of woodlands and timber merchants respectively and organisations concerned with the study and promotion of forestry.

(4) The Commissioners may pay to the members of the Home Grown Timber Advisory Committee or of a regional advisory committee such allowances as they may with the consent of the Treasury determine.

Textual Amendments

F1 Words in s. 38(3) substituted (25.9.1991) by Forestry Act 1991 (c. 43, SIF 54), ss.1, 2(2).

Acquisition and disposal of land E+W+S

39 Power of Minister to acquire and dispose of land. E+W+S

(1) Subject to the provisions of this Act, the Minister may acquire (by purchase, lease or exchange) land which in his opinion is suitable for afforestation or for purposes connected with forestry, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him under this section at the disposal of the Commissioners.

[F2 (2) Subject to subsection (2A) below, the Minister may dispose for any purpose of land acquired by him under this section.

(2A) Subsection (2) above shall not apply in relation to land acquired under this section which is in the Forest of Dean; but the Minister may sell any such land if in his opinion it is not needed, or ought not to be used, for the purpose of afforestation or any purpose connected with forestry, and may exchange any such land for other land more suitable for either of the said purposes and may pay or receive money for equality of exchange.]

(3) The Minister shall have power, in the case of land acquired by him under this section,—

(a) to manage and use the land for such purposes as he thinks fit (this power to include that of erecting buildings and other works on the land) where it is not for the time being placed at the disposal of the Commissioners under subsection (1) above; and

(b) to let the land, or grant any interest or right in or over it.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

[F4 (5) Any instrument in connection with the management or disposal of land in Scotland acquired by the Minister under this section and for the time being placed at the disposal of the Commissioners shall, without prejudice to any other method of execution, be deemed to be validly executed by him if it is executed on his behalf by an officer of the Commissioners authorised by him for the purpose; and any instrument so executed shall, for the purposes of section 1(8) and (9) of the M1 Reorganisation of Offices (Scotland) Act 1939, be deemed to have been executed by an officer of the Secretary of State duly authorised by him.]

(6) Schedule 4 to this Act shall have effect as respects the procedure applicable where the Minister acquires land under this section, except in a case of compulsory purchase in accordance with the following section.

Textual Amendments

F2 S. 39(2)(2A) substituted for s. 39(2) by Forestry Act 1981 (c. 39, SIF 54), s. 1

F3 Ss. 39(4), 41(7) repealed by Forestry Act 1981 (c. 39, SIF 54), s. 4(2), Sch.

F4 S. 39(5) repealed (S.) (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch.5 (with ss. 9(3)(5)(7), 13, 14(3))

Modifications etc. (not altering text)

C1 S. 39 extended by (S.) Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 59 and Countryside Act 1968 (c. 41, SIF 46:1), (E.W.) s. 23(3) and (E.W.)(S.) s. 24(5)

Marginal Citations

M1 1939 c. 20(57)

40 Compulsory purchase of land. E+W+S

(1) Subject to the provisions of this section, the power of the Minister to acquire land by purchase under section 39 above includes a power of compulsory purchase.

(2) The following descriptions of land shall not be subject to compulsory purchase under this Act:—

(a) land which is the site of an ancient monument or other object of archaeological interest;

(b) land which forms part of a park, garden or pleasure ground or which forms part of the home farm attached to, and usually occupied with, a mansion house or is otherwise required for the amenity or convenience of a dwelling-house;

(c) land which is the property of a local authority, that is to say,—

(i) in England or Wales, the council of a county, . . . F5 , county district or rural parish, [F6 the Greater London Council] the Common Council of the City of London or the council of a London borough; and

(ii) in Scotland, a [F7 regional, islands] or district council;

(d) land which has been acquired for the purpose of their undertaking by statutory undertakers, that is to say persons authorised by an enactment, or by an order or scheme made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, . . . F8 , . . . F9 , [F10 water] or other public undertaking.

(3) Land shall not be subject to compulsory purchase under this Act if a forestry dedication covenant or agreement is in force with respect to it and it is being used and managed in accordance with the provisions and conditions of a plan of operations approved by the Commissioners; and—

(a) any question arising under this subsection whether there has been a breach of any of the provisions and conditions of a plan of operations shall be referred for determination as follows, that is to say—

(i) in a case relating to England and Wales, by an arbitrator appointerd by the President of the Royal Institution of Chartered Surveyors; and

(ii) in a case relating to Scotland, by an arbiter appointed by the Chairman of the Scottish Committee of the said Institution; and

(b) such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the Commissioners requiring it to be remedied.

[F11 (4) The power of compulsory purchase under this Act shall not be excercisable in relation to land held inalienably by the National Trust or by the National Trust for Scotland.]

(5) The Minister’s power of compulsory purchase under this Act shall be exercisable by means of a compulsory purchase order, and—

(a) the order shall be made in accordance with Part I of Schedule 5 to this Act;

(b) Part II of that Schedule shall apply with respect to the validity and date of operation of the order; and

(c) Part III of that Schedule shall apply with respect to the procedure for acquiring land by compulsory purchase.

(6) If the said power of compulsory purchase is exercised in relation to land in respect of which an advance by way of grant has been made by the Commissioners—

(a) under section 4 of this Act; or

(b) under section 3(3) of the M2 Forestry Act 1919 at any time after the 26th March 1945,

not being in either case an advance made more than thirty years before the date of the service of the notice to treat in the exercise of that power, the amount of the compensation for the compulsory purchase shall be reduced by the amount of the advance with compound interest thereon (calculated from the date of the advance to the date on which the compensation is paid) at the rate of £3 per cent. per annum with yearly rests:

Provided that, in the case of compensation for the compulsory purchase of one of several interests in such land, the amount of the reduction in the case of each interest purchased shall be equal to a part of the advance and interest proportionate to the value of that interest as compared with the value of the land.

Textual Amendments

F5 Words repealed by S.I. 1974/595, Sch. 1 Pt. I

F6 Words inserted by S.I. 1970/211, art. 3(7)

F7 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 166

F8 Word repealed by Gas Act 1986 (c. 44, SIF 44), s. 67(4), Sch. 9 Pt. 1

F9 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F10 Word repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F11 S. 40(4) substituted by Forestry Act 1981 (c. 39, SIF 54), s. 2

Modifications etc. (not altering text)

C2 S. 40 extended with modifications by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7, para. 2(1), (xviii), Sch. 8 para. 33

C3 S. 40 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xvii), Sch. 17 paras. 33, 35(1)

C4 S. 40 extended (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(1)(2) (xiii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

C5 S. 40 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xiii); S.I. 1996/218, art.2

Marginal Citations

M2 1919 c. 58

Finance, accounts and annual report E+W+S

41 Forestry Fund. E+W+S

(1) The Forestry Fund constituted under section 8 of the Forestry Act 1919 shall continue to be maintained as heretofore.

(2) There shall be paid into the Forestry Fund out of moneys provided by Parliament such annual amounts as Parliament may determine.

(3) The following shall be paid out of the Forestry Fund:—

(a) the salaries of the Forestry Commissioners, and the salaries or remuneration of the officers and servants of the Commissioners;

(b) all expenses incurred by the Commissioners in the exercise of their powers and the performance of their duties under—

(i) this Act; . . . F12

(ii) the M3 Plant Health Act 1967, [F13 and

(iii) the M4 Countryside (Scotland) Act 1967]

including the payment of allowances to the members of any committee maintained by them under this Act;

(c) any administrative expenses of the Minister under Part II of this Act (including sums required for the payment of remuneration to the members of any committee appointed by him in pursuance of section 27).

(4) All sums received by the Commissioners in respect of the sale of timber, or otherwise received by them in respect of transactions carried out by them in the exercise of their powers and duties under this Act [F13 or received by them in the exercise of their powers under the M5 Countryside (Scotland) Act 1967], shall be paid into the Forestry Fund.

[F14 (4A) There shall be paid out of the Forestry Fund into the Consolidated Fund such sums as the Ministers may from time to time with the approval of the Treasury direct.]

(5) The Commissioners may accept any gift made to them for all or any purposes of this Act and, subject to the terms thereof, may apply it for those purposes in accordance with regulations made by them.

(6) Payments out of and into the Forestry Fund, and all other matters relating to the Fund and money standing to the credit of the Fund, shall be made and regulated in such manner as the Treasury may, by minute to be laid before Parliament, direct.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F12 Word repealed by Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 58(6)

F13 Words inserted by Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 58(6)

F14 S. 41(4A) inserted by Forestry Act 1981 (c. 39, SIF 54), s. 3

F15 Ss. 39(4), 41(7) repealed by Forestry Act 1981 (c. 39, SIF 54), s. 4(2), Sch.

Marginal Citations

M3 1967 c. 8(2:11)

M4 1967 c. 86(46:1)

M5 1967 c. 86(46:1)

42 Finance of land acquistion, management, etc. E+W+S

(1) Any capital payments made by the Minister in acquiring land under section 39 above, and any expenses of the Minister in the acquisition of land thereunder, shall be defrayed out of the Forestry Fund.

(2) Where land acquired by the Minister under section 39 is for the time being placed at the disposal of the Commissioners,—

(a) any rent or other outgoings payable in respect of the land by the Minister shall be defrayed out of the Forestry Fund; and

(b) any sums received by the Minister from the letting of the land or the grant of any interest or right in or over it shall be paid into that Fund.

(3) Where land acquired by the Minister under section 39 is not for the time being placed at the disposal of the Commissioners, the expenses of the Minister in managing and using the land, including any rent or other outgoings payable by him in respect of the land, shall be defrayed out of moneys provided by Parliament, and—

(a) any sums received by him from the letting or use, of the land, or the grant of any interest or right in or over it, shall be paid into the Exchequer; and

(b) the Minister shall pay into the Forestry Fund out of moneys provided by Parliament such periodical sums (if any) in respect of the land as may be determined by the Treasury.

(4) Any capital sums received by the Minister from the sale, lease or exchange of land acquired by him under section 39 shall be paid into the Forestry Fund.

43 Satisfaction of certain contingent liability to Crown Estate. E+W+S

(1) If the Minister sells land which was transferred to him, or to any predecessor of his, or to the Commissioners, under section 1(1)(a) of the M6 Forestry (Transfer of Woods) Act 1923 to an amount exceeding [F16 2 hectares] at any one time, then if the sum determined under section 3 of the said Act of 1923 as the amount contingently payable by way of compensation for the transfer of rights and interests of the Crown has not been fully paid or satisfied,—

(a) the net proceeds of sale, or the portion necessary to satisfy the said sum, shall be paid by the Minister to the Crown Estate Commissioners and shall form part of the Crown Estate; and

(b) the payment shall be treated as satisfying a part of that sum equal to the gross proceeds of sale or the corresponding portion of them.

(2) In the event of the hereditary revenues which are by section 1 of the M7 Civil List Act 1952 directed to be carried to and made part of the Consolidated Fund ceasing at any time, whether during the present or any subsequent reign, to be carried to and made part of that Fund, there shall be paid out of the Fund to the Crown Estate Commissioners all such amounts as immediately before the commencement of this Act remained outstanding as compensation due to the Crown under section 3 of the said Act of 1923, reduced by the amount of any payments made since that commencement to the Crown Estate Commissioners pursuant to subsection (1) above or to the corresponding provision in section 8(1) of the M8 Crown Estate Act 1961.

Textual Amendments

F16 Words substituted by Forestry Act 1979 (c. 21, SIF 54), s. 2(1), Sch. 1

Marginal Citations

M6 1923 c. 21

M7 1952 c. 37(29:11)

M8 1961 c. 55(29:7)

44 Annual accounts of Commissioners. E+W+S

(1) The Commissioners shall prepare accounts in respect of each financial year (beginning with the 1st April), showing the sums paid into and the sums issued out of the Forestry Fund in that year.

(2) The Commissioner’s accounts shall be in such form and manner as the Ministers with the approval of the Treasury may direct, and the Commissioners shall transmit the accounts to the Ministers at such time as the Ministers, with the said approval, may direct.

(3) The Ministers shall, on or before the 30th November in each year, transmit to the Comptroller and Auditor General the accounts prepared by the Commissioners under subsection (1) above for the financial year last ended, and the Comptroller and Auditor General shall examine and certify them and lay copies thereof, together with his report thereon, before both Houses of Parliament.

45 Annual report by Commissioners. E+W+S

The Commissioners shall, on such day and in such form as the Ministers may direct, make to the Ministers an annual report as to their proceedings under this Act, and the Ministers shall lay the report before Parliament.