Part VII

Special Controls
Chapter I

Trees

Consequences of tree removal etc.

Penalties for non-compliance with tree preservation order.
171
1
If any person, in contravention of a tree preservation order—
a
cuts down, uproots or wilfully destroys a tree, or
b
wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it,
he shall be guilty of an offence.
2
A person guilty of an offence under subsection (1) shall be liable—
a
on summary conviction to a fine not exceeding £20,000, and
b
on conviction on indictment, to a fine.
3
In determining the amount of any fine to be imposed on a person convicted of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
4
If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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)