Natural Environment (Scotland) Act 2026

Prospective

18 Control schemes S

(1) The 1996 Act is modified as follows.

(2) In section 8 (control schemes)—

(a) in subsection (A1), in paragraph (b), for “required” substitute “enabled”,

(b) in subsection (1)—

(i) the words “, having had regard to the code of practice on deer management,” are repealed,

(ii) for “for the purposes mentioned in subsection (1) or, as the case may be,” substitute “in connection with the grounds listed in section 6ZA or 6ZB or, as the case may be, circumstances mentioned in”,

(c) subsection (2) is repealed,

(d) for subsection (4), substitute—

“(4) A control scheme may—

(a) specify different measures to be taken by different owners or occupiers for the time being of land in the control area,

(b) be made in respect of a particular area, owner or occupier of land within the control area of a control agreement, and

(c) provide for the extension of any time limit prescribed in the scheme.”.

(3) For schedule 2 (provision as to control schemes), substitute—

“Schedule 2 S Provisions as to control schemes

(introduced by section 8(6))

Part 1 S Application and interpretation

Application and interpretation

1 This schedule applies where SNH decides to make, vary or revoke a control scheme.

2 In this schedule—

(a) a reference to “the proposal” is a reference to the proposal to make, vary or, as the case may be, revoke a control scheme,

(b) “register”, in relation to a control scheme or the variation or revocation of such a scheme, means register in the Land Register of Scotland or (as the case may be) record in the General Register of Sasines, and “registered” and “registration” are to be construed accordingly,

(c) a “relevant person” is—

(i) an owner or occupier for the time being of land upon whom a control scheme (or a variation of it) proposes to impose a requirement, and

(ii) where a control scheme is in place, an owner or occupier for the time being of land upon whom the control scheme imposes a requirement, and

(iii) an owner or occupier for the time being of land upon whom no requirement is (or is proposed to be) imposed under a control scheme but who, in the opinion of SNH, is (or is likely to be) significantly affected by the proposal.

Part 2 S Procedure for making, varying and revoking control schemes

Notice of the proposal

3 (1) SNH must—

(a) give each relevant person a notice which—

(i) provides details of the proposal (including a copy of the draft control scheme or, as the case may be, the control scheme as it is proposed to be varied),

(ii) informs the person that objections to the proposal or any part of it may be made to the Scottish Ministers within the period of 28 days beginning with the date of service of the notice, and

(b) publish in such manner as SNH thinks fit a notice—

(i) providing details of the proposal, including in particular the control area,

(ii) stating the date of first publication of the notice,

(iii) specifying a place where a copy of the control scheme and the map referred to in it may be inspected at all reasonable hours (which may be a website),

(iv) stating that objections to the proposal or any part of it may be made by relevant persons to the Scottish Ministers within the period of 28 days beginning with the date of first publication of the notice.

(2) If the periods for objections under sub-paragraph (1)(a)(ii) and (b)(iv) are different, objections may be made until the expiry of the later period.

4 Notices under paragraph 3(1) must also provide details of the manner in which objections are to be made to the Scottish Ministers.

Objections

5 The Scottish Ministers must, in respect of each objection received (and not withdrawn), take the following steps—

• Step 1

  Determine whether the objection relates to—

  (a)

  compliance with the process followed by SNH up to that point (“a procedural objection”), or

  (b)

  the substantive content of the scheme (a “substantive objection”).

• Step 2

  In respect of any substantive objection in respect of which they would like advice, refer the objection to a person (or persons) appointed under paragraph 12.

• Step 3

  Consider each procedural objection and each substantive objection which they are not referring to a person (or persons) appointed under paragraph 12.

• Step 4

  Following the receipt of advice in respect of a substantive objection, consider the objection having regard to the advice.

6 The Scottish Ministers may (notwithstanding paragraph 5)—

(a) in a case where an objection relates to both the process followed by SNH and to the substantive content of a scheme, treat the procedural matters and substantive matters as if they were separate objections,

(b) require a person who has made an objection to state in writing the grounds for it before they consider the objection,

(c) disregard an objection if—

(i) it is made after the expiry of the period for objections,

(ii) does not comply with the manner in which objections are to be made (as set out in the notice under paragraph 3(1)), or

(iii) they are satisfied that it is frivolous or vexatious.

Confirmation or refusal of proposal

7 Once all objections (if any) have been considered, the Scottish Ministers may—

(a) confirm the proposal—

(i) as proposed, or

(ii) subject to paragraph 11, with such modifications as they consider appropriate, or

(b) reject the proposal.

8 The Scottish Ministers must confirm or reject the proposal under paragraph 7 no later than 6 months after the expiry of the period mentioned in paragraph 3(b)(iv).

9 The Scottish Ministers may give notice to SNH and any relevant person extending the period mentioned in paragraph 8.

10 Any notice given under paragraph 9 must set out—

(a) the Scottish Ministers’ reasons for extending the period,

(b) an indicative date by which the Scottish Ministers will reach a decision under paragraph 7.

Ministerial modifications to proposal

11 The Scottish Ministers may not confirm a proposal with modifications unless—

(a) each relevant person has been given a notice which—

(i) provides detail of the proposed modification, and

(ii) informs the person that objections to it may be made to the Scottish Ministers within the period of 14 days beginning with the date of service of the notice, and

(b) either—

(i) each relevant person has consented to the modification, or

(ii) the period for objections has elapsed and the Scottish Ministers have considered any objections (in accordance with paragraph 5).

Appointment of experts to consider objections

12 (1) The Scottish Ministers may, for the purpose of providing them with advice—

(a) on a particular substantive objection or objections on a particular scheme, appoint one or more persons that they consider to have expertise relevant to the objection or scheme,

(b) on substantive objections for several schemes, appoint one or more persons that they consider to have relevant expertise.

(2) Before making an appointment under sub-paragraph (1), the Scottish Ministers must consult SNH and such other persons as they consider appropriate.

(3) The Scottish Ministers may by regulations make further provision about the terms and conditions of a person appointed to provide advice.

Part 3 S Making and validity of control schemes etc.

Making and registration of control scheme, variation or revocation

13 As soon as practicable after confirmation of a proposal, SNH is to—

(a) give notice to all relevant persons—

(i) that the proposal has been confirmed, and

(ii) indicating the date by which a relevant person falling within paragraph 2(c)(i) or (ii) must appeal,

(b) publish the control scheme, the scheme as varied or, as the case may be, a notice that the scheme has been revoked, in such manner as it thinks fit (which may be on its website),

(c) register the control scheme, the variation or, as the case may be, a notice of revocation in respect of the titles to the land comprising the control area.

Validity and appeals

14 (1) Subject to this paragraph, a control scheme or any variation or revocation of such a scheme is not to be questioned in any proceedings.

(2) A relevant person falling within paragraph 2(c)(i) or (ii) who is aggrieved by—

(a) a decision of the Scottish Ministers to confirm the making, variation or revocation of a control scheme, or

(b) the terms or conditions of such a scheme,

may appeal to the Scottish Land Court.

(3) An appeal under sub-paragraph (2) must be lodged no later than 28 days after the date of service of the notice referred to in paragraph 13(a).

(4) The Scottish Land Court must determine an appeal under sub-paragraph (2) on the merits rather than by way of review and may do so by—

(a) affirming the control scheme,

(b) directing SNH and the Scottish Ministers to revoke the scheme,

(c) making such other order as it thinks fit.”.

Commencement Information

I1 S. 18 not in force at Royal Assent, see s. 59(2)