Miscellaneous
Section 21—Delegation
103.Section 21 allows the Scottish Ministers to delegate, by written direction, several of the functions Part 2 confers on them to Scottish Natural Heritage. This includes functions in relation to muirburn licencing and the Muirburn Code.
Section 22—Interpretation of Part
104.Section 22 defines terms used elsewhere in Part 2.
105.It also empowers the Scottish Ministers to change the definition of “peat” and “
Section 23—Repeals and consequential amendments
106.Section 23 modifies the Hill Farming Act 1946 in consequence of what the rest of Part 2 does.
107.The rest of Part 2 largely supersedes the Hill Farming Act’s regulation of muirburn. Accordingly, section 23 modifies that Act in the following ways:
Sections 23 to 23C are repealed. They banned making muirburn outwith its muirburn season except with a licence.
Section 24 is modified so that a tenant’s making of muirburn in contravention of the terms of a lease is made lawful only if, in addition to fulfilling the other conditions specified in that section, the muirburn is made in accordance with the new rules of Part 2.
Sections 25 and 26 are repealed. They were part of the legislative scheme criminalising the making of muirburn in certain circumstances, and criminalising a failure to give proper notice of an intention to do so, which is superseded by the new licensing regime of Part 2.
Section 26A, which sets out how notice is to be given, is modified to remove its references to notices under provisions that are being repealed. The whole section is not repealed though, because it will continue to govern the giving of notice for the purpose of section 24.
Section 27 is repealed because it set out the penalties for the offences in the repealed sections 25 and 26.
Section 27A, which deals with the application to the Crown of the muirburn provisions, is modified to remove the references to the sections that are being repealed.
