The Act
Part 2—Muirburn licensing
Making muirburn
Section 18—Muirburn Code
97.Section 18 requires the Scottish Ministers (or if they delegate the function, Scottish Natural Heritage) to prepare and publish a code of practice on making muirburn safely and appropriately and thereafter to review it on a 5 yearly cycle. The legal purpose of the Code is to act as a set of norms to which muirburn licence holders are required to have regard as a condition of their licence (see section 15(2)(a)). Moreover, when a new licence is applied for, the extent of the applicant’s past compliance with the code will fall to be considered in deciding whether it is appropriate to grant the new licence (see section 14(1)(a)).
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