Part VII

Special Controls
Chapter I

Trees

Tree preservation orders

Power for Secretary of State to make tree preservation orders.
164
1
If it appears to the Secretary of State that it is expedient that a tree preservation order, or an order amending or revoking such an order, should be made, he may himself make such an order.
2
Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and timeously confirmed by them under this Chapter.
3
The Secretary of State shall not make such an order without consulting the planning authority.
4
The provisions of this Chapter and of any regulations made under it with respect to the procedure to be followed in connection with the making and confirmation of any order mentioned in subsection (1) and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it.
Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)
Word in s. 164(2) inserted (1.2.2011) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 28(5), 59(2); S.S.I. 2010/400, art. 3, sch.