Transitional: felling licences granted before the appointed day - to be treated as felling permissionsI110

1

Any felling licence granted under section 10 of the 1967 Act before the appointed day is, on and after that day, to be treated as if it were a felling permission granted by the Scottish Ministers under section 27 of the 2018 Act.

2

Paragraph (1) does not apply for the purposes of making, considering or determining a request for a review of a decision to grant a felling licence subject to conditions, which the applicant would be entitled to request under section 16 of the 1967 Act and regulation 8 of the 1979 Regulations (as applied and modified by regulation 11(4)), but has not requested before the expiry of the period referred to in regulation 8 of the 1979 Regulations.

3

A condition attached to a felling licence referred to in paragraph (1) is to be treated as if it were a condition applied to a felling permission under section 27(4) of the 2018 Act.

4

The provision made in—

a

section 27(7) (variation and revocation of conditions),

b

section 38 (registration of notices to comply),

c

section 39 (registered notices to comply: offence),

d

section 40 (registration of notices of variation),

e

section 41 (registration of notices of discharge from compliance),

f

section 42 (meaning of “register”),

g

section 43 (descriptions of land),

h

section 44 (receipt of notices by Keeper),

i

section 56 (registration of remedial notices), and

j

section 57 (registered remedial notices: offence),

of the 2018 Act does not apply to a condition referred to in paragraph (3) or to any restocking direction issued under section 36 of the 2018 Act in relation to such a condition.