Statutory Instruments
Forestry
Public Bodies
Made
1st March 2015
Coming into force in accordance with article 1
The Secretary of State makes this Order in exercise of the powers conferred by sections 1(1), 6(1) and (5) and 35(2) of the Public Bodies Act 2011 (“the Act”)(1).
In accordance with section 8 of the Act, the Secretary of State considers that this Order—
(a)serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1) of the Act; and
(b)does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.
The consent of the Scottish Parliament has been obtained in accordance with section 9(1) of the Act.
The Secretary of State makes this Order after consultation in accordance with section 10 of the Act and after consultation with the Scottish Ministers in accordance with section 88(2) of the Scotland Act 1998(2).
A draft of this Order and an explanatory document containing the information required in section 11(2) of the Act have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks referred to in section 11(3).
In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.
1.—(1) This Order may be cited as the Public Bodies (Abolition of the Home Grown Timber Advisory Committee) Order 2015.
(2) It comes into force on the day after the day on which it is made, except as provided by paragraph (3).
(3) In respect of the final entry (Public Bodies Act 2011) in the table of repeals in the Schedule, article 3 comes into force on the second day after the day on which the Order is made.
2. The Home Grown Timber Advisory Committee maintained under section 37(1)(a) of the Forestry Act 1967(3) is abolished.
3. The Schedule (repeals and revocation) has effect.
Dan Rogerson
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
1st March 2015
Article 3
| Short title | Extent of repeal |
|---|---|
| Forestry Act 1967 | In section 32(1)(4), the words “, subject (in the case of the Commissioners) to their duty of consultation under section 37(2) below,”. In section 37— (a) subsection (1)(a)(5); (b) subsection (2)(6). In section 38— (a) subsection (1)(7); (b) in subsection (1B), the words “(1) or”; (c) subsection (2); (d) in subsection (4)(8), the words “The Commissioners may pay to the members of the Home Grown Timber Advisory Committee and”. |
| Public Bodies Act 2011 | In Schedule 1, the words “Home Grown Timber Advisory Committee”. |
| Instrument | Extent of revocation |
|---|---|
| The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999(9) | In Schedule 12, sub-paragraph (25) of paragraph 4. |
(This note is not part of the Order)
This Order abolishes the Home Grown Timber Advisory Committee and removes the requirement under section 37(1) of the Forestry Act 1967 (c.10) for the Forestry Commissioners to continue to maintain that Committee. It also removes the requirement for the Forestry Commissioners to consult with that Committee before making regulations under section 32 of that Act.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Section 32(1) was amended by S.I. 2013/755.
Section 37(1) was substituted by S.I. 2013/755.
Section 37(2) was substituted by S.I. 1999/1747.
Section 38(1) was substituted by S.I. 2013/755.
Section 38(4) was amended by S.I. 2013/755.
S.I. 1999/1747, to which there are amendments not relevant to this Order.