[F122 Consequences of acceptance by Minister of notice under s. 21E+W+S
(1)The following shall be the consequences where a notice given by a person under section 21 is accepted by the Minister F2... .
(2)The felling directions in respect of which the notice was given shall cease to have effect.
(3)If the notice requires the [F3appropriate forestry authority] to buy the trees to which the directions relate, the [F3appropriate forestry authority] shall be deemed to have contracted with that person to buy the trees on the date of acceptance of the notice at such price and on such terms (including terms as to the time within which the [F3appropriate forestry authority] may fell and remove the trees) as may in default of agreement be determined in accordance with section 31 of this Act.
(4)If the notice requires the Minister F4... to acquire the person’s interest in the land affected by the directions,—
(a)the Minister F5... shall be deemed to be authorised to acquire that interest compulsorily under section 39 of this Act and to have served a notice to treat in respect thereof on the date of the acceptance of the notice;
(b)the interest shall for that purpose include any such easement or servitude or other right as, by virtue of section 21(2), the person is deemed to have offered in his notice to convey.
(5)The power conferred by section 31(1) of the M1Land Compensation Act 1961 F6... to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of this section.]
Textual Amendments
F1Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))
F2Words in s. 22(1) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 24(a); S.S.I. 2019/47, reg. 2
F3Words in s. 22(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 62 (with Sch. 7)
F4Words in s. 22(4) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 24(b); S.S.I. 2019/47, reg. 2
F5Words in s. 22(4)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 24(c); S.S.I. 2019/47, reg. 2
F6Words in s. 22(5) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 24(d); S.S.I. 2019/47, reg. 2
Marginal Citations
M11961 c. 33(28:1)