- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Forestry and Land Management (Scotland) Act 2018 (Commencement, Transitional and Saving Provisions) Regulations 2019, Section 11.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
11.—(1) Where paragraph (2) applies, the provisions referred to in paragraph (3) continue to have effect, subject to the modifications in paragraph (4), on and after the appointed day as they did immediately before that day.
(2) This paragraph applies to a review of—
(a)a decision to refuse to grant a felling licence under section 10(2) of the 1967 Act in which—
(i)a notice requesting a review of such a decision was sent in accordance with section 16 of that Act and regulation 8 of the 1979 Regulations before the appointed day, or
(ii)a notice requesting a review of such a decision is sent in accordance with section 16 of that Act and regulation 8 of the 1979 Regulations before the expiry of the period prescribed in regulation 8 of the 1979 Regulations for that purpose,
(b)a deemed refusal to grant a felling licence in terms of section 13(1) of the 1967 Act in which—
(i)a notice requesting a review of such a decision was sent in accordance with regulation 8 of the 1979 Regulations before the appointed day, or
(ii)a notice requesting a review of such a decision is sent in accordance with regulation 8 of the 1979 Regulations before the expiry of the period prescribed in regulation 8 of the 1979 Regulations for that purpose, and
(c)a decision to grant a felling licence subject to conditions under sections 10(2) and 12(1) of the 1967 Act in which—
(i)a notice requesting a review of such a decision was sent in accordance with section 16 and regulation 8 of the 1979 Regulations before the appointed day, or
(ii)a notice requesting a review of such a decision is sent in accordance with section 16 and regulation 8 of the 1979 Regulations before the expiry of the period prescribed in regulation 8 of the 1979 Regulations for that purpose.
(3) The provisions are—
(a)sections 10, 12, 13, 16 , 27, 30, 35, 48 and 49 of the 1967 Act M1, and
(b)regulations 1, 3 and 8 and schedule 1 of the 1979 Regulations.
(4) The modifications are—
(a)section 16 of the 1967 Act is to be read as if for subsection (3) there were substituted—
“(3) The Scottish Ministers shall after considering the committee's report confirm the decision of the appropriate forestry authority on the application or reverse or modify that decision.”.
(b)section 27 of the 1967 Act is to be read as if—
(i)subsection (2)(a) were omitted, and
(ii)for subsection (3)(c) there were substituted—
“(c)take into consideration any information provided to them by the Scottish Ministers as to the promotion of the establishment and maintenance of adequate reserves of growing trees within the conservancy in which the trees are growing”,
(c)section 30 of the 1967 Act is to be read as if the reference to “the appropriate forestry authority” were a reference to “the Scottish Ministers”,
(d)section 48 of the 1967 Act is to be read as if—
(i)the references in subsection (1A)(a) to “the Commissioners” were references to “the Scottish Ministers”,
(ii)subsection (2) were omitted, and
(iii)the reference to “the appropriate forestry authority” in subsection (3) were a reference to “the Scottish Ministers”,
(e)regulation 8 of the 1979 Regulations is to be read as if the reference in paragraph (1) to “the appropriate Minister” were a reference to “the Scottish Ministers”, and
(f)Form 4, Form 5 and Form 6 in schedule 1 of the 1979 Regulations are to be read as if the references in those forms to “the Secretary of State for Scotland, New St Andrews House, St James Centre, Edinburgh, EH1 3SX” were references to “the Scottish Ministers, St Andrews House, Regent Road, Edinburgh, EH1 3DG”.
Commencement Information
Marginal Citations
M1Section 27 was amended by the 1999 Order (S.S.I. 1999/1747), schedule 12, paragraph 4(9) and 4(22)(a) to (d).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: