Part I Wildlife
Supplemental
F116ADelegation of licence-granting power: Scotland
(1)
The Scottish Ministers may delegate their functions in relation to licences under section 16 to—
(a)
Scottish Natural Heritage; or
(b)
a local authority.
F2(1B)
The Scottish Ministers may delegate their functions in relation to licences under section 16AA (other than the function in section 16AA(14)) to Scottish Natural Heritage.
(2)
But a function may be delegated to a local authority only in so far as it relates to—
(a)
the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or
(b)
the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).
(3)
A delegation F3under subsection (1) may be, to any degree, general or specific and may in particular relate to—
(a)
a particular type of bird, other animal or plant;
(b)
a particular licence or type of licence;
(c)
a particular area.
(4)
Unless it specifies otherwise, a delegation relating to a particular type of licence includes the power to modify or revoke licences of that type that were granted before the delegation.
(5)
A delegation to—
(a)
Scottish Natural Heritage under subsection (1)(a) is to be made by written direction;
F4(aa)
Scottish Natural Heritage under subsection (1B) is to be made by written direction,
(b)
a local authority under subsection (1)(b) is to be made by order.
F5(5A)
A direction under subsection (5)(aa) may include provision allowing Scottish Natural Heritage to modify or revoke licences that were granted before the direction.
(6)
A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage.
(7)
The Scottish Ministers may modify or revoke a direction under subsection (5)(a) F6or (5)(aa).
(8)
Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise).