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GeneralS

31GuidanceS

(1)The Scottish Ministers may, after consulting such persons as they consider appropriate, issue guidance about this Act.

(2)A local authority may, after consulting such persons as the authority considers appropriate, issue guidance on—

(a)the duty imposed by section 3(1),

(b)any other provision of this Act.

(3)A local authority must have regard to any guidance issued under subsection (1) when—

(a)issuing guidance under subsection (2),

(b)carrying out its functions under this Act.

Commencement Information

I1S. 31 in force at 1.4.2014 by S.S.I. 2014/54, art. 2

32Report on operation of ActS

(1)The Scottish Parliament must make arrangements for one of its committees or sub-committees to report to the Scottish Parliament on the operation of this Act during the review period.

(2)In this section, the “review period” means the period—

(a)beginning on the day on which section 2 comes into force, and

(b)ending 5 years after that day or on such earlier date as may be determined by the committee or sub-committee making the report under subsection (1).

(3)A report under subsection (1)—

(a)may be made in such form and manner as the committee or sub-committee considers appropriate, but

(b)must be made no later than 18 months after the end of the review period.

(4)The Scottish Parliament must publish a report made under subsection (1).

Commencement Information

I2S. 32 in force at 1.4.2014 by S.S.I. 2014/54, art. 2

33Service of documentsS

(1)If, having made reasonable inquiries, a person is unable to ascertain the name or address of a person to whom a notice relating to land is to be given under this Act, the notice may be given by—

(a)addressing it to the person concerned by name or by a description of the person's interest in the land, and

(b)delivering it by—

(i)leaving it in the hands of a person who is or appears to be resident on the land or employed on the land, or

(ii)fixing it to a building or object on, or to a conspicuous part of, the land (or, where that is not practicable, to a building or object near that land).

(2)Where a document is delivered as mentioned in subsection (1)(b)(ii) it is to be taken to have been given on the day on which it is fixed on or near the building, object or land, unless the contrary is shown.

Commencement Information

I3S. 33 in force at 1.4.2014 by S.S.I. 2014/54, art. 2

34InterpretationS

(1)In this Act, unless the context otherwise requires—

(2)References in this Act to a high hedge include references to part of a high hedge.

(3)References in this Act to enjoyment of domestic property include references to enjoyment of part of the property.

(4)Where domestic property is for the time being unoccupied, references in this Act to the reasonable enjoyment of that property are to be read as if they were references to the reasonable enjoyment of an occupant of the property if the property were occupied.

Prospective

35Power to modify meaning of “high hedge”S

(1)The Scottish Ministers may by regulations modify the meaning of “high hedge” for the time being in section 1 by—

(a)adding a type of tree or shrub to, or removing a type of tree or shrub from, section 1(1)(a),

(b)increasing or reducing the height above ground level specified in section 1(1)(b) and (2),

(c)modifying or adding to the effect of a hedge specified in section 1(1)(c).

(2)Regulations under this section may—

(a)make different provision for different cases,

(b)include such supplementary, incidental, consequential, transitory or transitional provision or savings as the Scottish Ministers consider appropriate,

(c)modify any enactment (including any other provision of this Act).

(3)Regulations under this section are subject to the affirmative procedure.

36Ancillary provisionS

(1)The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional or transitory provision or savings as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2)An order under this section may modify this or any other enactment.

(3)An order under this section containing provision which adds to, replaces or omits any part of the text of an Act, is subject to the affirmative procedure.

(4)Otherwise an order under this section is subject to the negative procedure.

37Crown applicationS

(1)No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

(2)Despite subsection (1), any provision made by or under this Act applies to persons in the public service of the Crown as it applies to other persons.

(3)The powers conferred by sections 18, 19 and 22 are exercisable in relation to Crown land only with the consent of the appropriate authority.

(4)For the purposes of subsection (3), land is “Crown land” if an interest in the land—

(a)belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b)belongs to an office-holder in the Scottish Administration or to a Government department,

(c)is held in trust for Her Majesty for the purposes of the Scottish Administration or a Government department.

(5)In subsection (3) “appropriate authority” means—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners,

(b)in the case of any other land belonging to Her Majesty in right of the Crown, the office-holder in the Scottish Administration or, as the case may be, Government department having the management of the land [F1or the relevant person],

(c)in the case of land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,

(d)in the case of land belonging to an office-holder in the Scottish Administration or to a Government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a Government department, the office-holder or Government department.

(6)Any reference in this section to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

(7)If a dispute arises in relation to the meaning of “appropriate authority” in the case of any land—

(a)it is for the Scottish Ministers to determine the appropriate authority, and

(b)the Scottish Ministers' decision is final.

(8)In this section “Government department” means a department of the United Kingdom Government [F2and “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land].

Textual Amendments

Commencement Information

I4S. 37 in force at 1.4.2014 by S.S.I. 2014/54, art. 2

38CommencementS

(1)This section and sections 34, 36 and 39 come into force on the day after Royal Assent.

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

(3)An order under subsection (2) may contain transitory or transitional provision or savings.

39Short titleS

The short title of this Act is the High Hedges (Scotland) Act 2013.