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Forestry and Land Management (Scotland) Act 2018
2 versions
· 2018-05-01
2019-04-01
Forestry and Land Management (Scotland) Act 2018
Changes on 2019-04-01
@@ -8,13 +8,13 @@
This Act is arranged as follows—
- Part 2 is about Scottish Ministers’ forestry functions,
- Part 2 is about Scottish Ministers' forestry functions,
- Part 3 is about management of land by Scottish Ministers,
- Part 4 is about felling,
- Part 5 is about Scottish Ministers’ general powers under this Act,
- Part 5 is about Scottish Ministers' general powers under this Act,
- Part 6 contains general and final provisions.
@@ -44,11 +44,11 @@
- (a) must set out a vision for forestry in Scotland,
- (b) must set out the Scottish Ministers’ objectives, priorities and policies with respect to the promotion of sustainable forest management, and
- (b) must set out the Scottish Ministers' objectives, priorities and policies with respect to the promotion of sustainable forest management, and
- (c) may set out other matters with respect to the promotion of sustainable forest management.
- (3) The forestry strategy must include the Scottish Ministers’ objectives, priorities and policies with respect to—
- (3) The forestry strategy must include the Scottish Ministers' objectives, priorities and policies with respect to—
- (a) the creation of woodland,
@@ -92,7 +92,7 @@
- (v) the Scottish Biodiversity Strategy (prepared under section 2 of the Nature Conservation (Scotland) Act 2004).
- (2) The forestry strategy must be prepared and revised with a view to achieving consistency, so far as practicable, between the objectives, priorities and policies set out in the strategy and the Scottish Ministers’ other functions.
- (2) The forestry strategy must be prepared and revised with a view to achieving consistency, so far as practicable, between the objectives, priorities and policies set out in the strategy and the Scottish Ministers' other functions.
#### Publication of forestry strategy
@@ -150,7 +150,7 @@
- (2) The Scottish Ministers must lay a copy of each report prepared and published under this section before the Scottish Parliament.
- (3) In this section, “reporting period” means the period of 3 years beginning with the day on which the forestry strategy was last published and each subsequent period of 3 years.
- (3) In this section, “*reporting period*” means the period of 3 years beginning with the day on which the forestry strategy was last published and each subsequent period of 3 years.
### Duty to make arrangements for research
@@ -216,7 +216,7 @@
##### 12
- (1) In this Act, “forested land” means—
- (1) In this Act, “*forested land*” means—
- (a) land in the national forest estate that is forested, and
@@ -226,13 +226,13 @@
- (ii) managed by the Scottish Ministers on behalf of another person.
- (2) In this Act, “forested” includes undergoing afforestation.
- (2) In this Act, “*forested*” includes undergoing afforestation.
#### Meaning of “national forest estate”
##### 13
In this Act, the “national forest estate” means land in Scotland—
In this Act, the “*national forest estate*” means land in Scotland—
- (a) that was at the disposal of the Forestry Commissioners under the Forestry Act 1967 immediately before the date on which this section comes into force, and
@@ -376,7 +376,7 @@
- (b) used by them solely for the purposes of or in connection with the carrying out of their functions under this Act.
- (4) In subsection (1), “dispose of land” includes—
- (4) In subsection (1), “*dispose of land*” includes—
- (a) the sale, gift or lease of the land,
@@ -414,19 +414,19 @@
- “felling” (and related expressions) includes intentionally killing a tree,
- “felling direction” means a direction given under section 34,
- “felling permission” means a permission granted under section 27,
- “registered notice to comply” means a notice registered under section 38,
- “registered remedial notice” means a notice registered under section 56,
- “remedial notice” means a notice given under section 54,
- “restocking direction” means a direction given under section 36,
- “temporary stop notice” means a notice given under section 45(2).
- “*felling direction*” means a direction given under section 34,
- “*felling permission*” means a permission granted under section 27,
- “*registered notice to comply*” means a notice registered under section 38,
- “*registered remedial notice*” means a notice registered under section 56,
- “*remedial notice*” means a notice given under section 54,
- “*restocking direction*” means a direction given under section 36,
- “*temporary stop notice*” means a notice given under section 45(2).
### CHAPTER 2 — Offence of unauthorised felling
@@ -578,7 +578,7 @@
- (3) The notice must—
- (a) set out the Scottish Ministers’ reasons for making the variation,
- (a) set out the Scottish Ministers' reasons for making the variation,
- (b) specify the effect of the variation on the felling permission, and
@@ -612,7 +612,7 @@
- (5) The notice must—
- (a) set out the Scottish Ministers’ reasons for making the suspension,
- (a) set out the Scottish Ministers' reasons for making the suspension,
- (b) specify the effect of the suspension on the felling permission,
@@ -638,7 +638,7 @@
- (3) The notice must—
- (a) set out the Scottish Ministers’ reasons for making the revocation, and
- (a) set out the Scottish Ministers' reasons for making the revocation, and
- (b) specify the date on which the revocation takes effect (which must not be earlier than the date on which the notice is given under subsection (2)).
@@ -708,7 +708,7 @@
- (b) forms part of a group of trees or woodland that is subject to a tree preservation order.
- (7) A “tree preservation order” means an order made or having effect as if made under section 160 of the Town and Country Planning (Scotland) Act 1997.
- (7) A “*tree preservation order*” means an order made or having effect as if made under section 160 of the Town and Country Planning (Scotland) Act 1997.
### CHAPTER 4 — Felling directions
@@ -780,7 +780,7 @@
- (c) with the consent of the Scottish Ministers, other land.
- (3) In subsection (2), “stock” includes the preparation of land for the planting of trees.
- (3) In subsection (2), “*stock*” includes the preparation of land for the planting of trees.
- (4) In deciding to give a restocking direction, the Scottish Ministers must have regard to their duty to promote sustainable forest management.
@@ -862,7 +862,7 @@
- (1) Subsection (3) applies where the Scottish Ministers and the owner of land to which a relevant registered notice relates agree in writing that the relevant registered notice is to be varied.
- (2) In this section and section 41, a “relevant registered notice” means—
- (2) In this section and section 41, a “*relevant registered notice*” means—
- (a) a registered notice to comply,
@@ -904,7 +904,7 @@
##### 42
- (1) In this Chapter and in Chapter 8, “register”, in relation to the notices mentioned in subsection (2), means register the information contained in the notice in question in the Land Register of Scotland or (as the case may be) record the notice in question in the General Register of Sasines, and “registered” and “registration” are to be construed accordingly.
- (1) In this Chapter and in Chapter 8, “*register*”, in relation to the notices mentioned in subsection (2), means register the information contained in the notice in question in the Land Register of Scotland or (as the case may be) record the notice in question in the General Register of Sasines, and “registered” and “registration” are to be construed accordingly.
- (2) The notices are—
@@ -982,7 +982,7 @@
- (e) contain a statement about the effect of section 46, and
- (f) set out the Scottish Ministers’ reasons for giving the notice.
- (f) set out the Scottish Ministers' reasons for giving the notice.
- (4) A temporary stop notice may impose conditions.
@@ -1276,7 +1276,7 @@
##### 58
Where in this Part a notice or other document is to be given to a person as the owner or occupier of land and the person’s name or address cannot be ascertained after reasonable enquiry, it may be given by—
Where in this Part a notice or other document is to be given to a person as the owner or occupier of land and the person's name or address cannot be ascertained after reasonable enquiry, it may be given by—
- (a) addressing it to the person by name or by the description of “owner” or “occupier” of the land (describing it), and
@@ -1382,7 +1382,7 @@
- (4) The power does not authorise entry to a dwelling.
- (5) A person exercising the power must on request produce written evidence of the person’s entitlement to do so.
- (5) A person exercising the power must on request produce written evidence of the person's entitlement to do so.
- (6) If the Scottish Ministers cause damage in exercising the power, the Scottish Ministers must—
@@ -1490,7 +1490,7 @@
##### 67
- (1) Proceedings for an offence under section 23, 26, 28, 35, 37, 39, 46, 49, 55 or 57 may be commenced within the period of 6 months beginning with the date on which evidence that the prosecutor believes is sufficient to justify the proceedings came to the prosecutor’s knowledge.
- (1) Proceedings for an offence under section 23, 26, 28, 35, 37, 39, 46, 49, 55 or 57 may be commenced within the period of 6 months beginning with the date on which evidence that the prosecutor believes is sufficient to justify the proceedings came to the prosecutor's knowledge.
- (2) No such proceedings may be commenced more than 3 years—
@@ -1500,7 +1500,7 @@
- (3) In the case of a continuous contravention, the complaint may specify the entire period during which the offence was committed.
- (4) A certificate signed by or on behalf of the prosecutor stating the date on which the evidence referred to in subsection (1) came to the prosecutor’s knowledge is conclusive as to that fact (and such a certificate purporting to be so signed is to be regarded as being so signed unless the contrary is proved).
- (4) A certificate signed by or on behalf of the prosecutor stating the date on which the evidence referred to in subsection (1) came to the prosecutor's knowledge is conclusive as to that fact (and such a certificate purporting to be so signed is to be regarded as being so signed unless the contrary is proved).
- (5) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 applies for the purposes of this section as it does for those of that section.
@@ -1590,7 +1590,7 @@
- (1) The Scottish Ministers may, for the purposes of or in connection with the carrying out of their functions under this Act, provide such financial assistance to any person as they consider appropriate.
- (2) In subsection (1), “financial assistance” includes grants, loans, guarantees and indemnities.
- (2) In subsection (1), “*financial assistance*” includes grants, loans, guarantees and indemnities.
- (3) The Scottish Ministers may attach conditions (including conditions as to repayment or the payment of interest) in respect of any financial assistance provided.
@@ -1614,9 +1614,9 @@
- (1) The Scottish Ministers must, in making administrative arrangements for the purposes of carrying out their forestry and land management functions, establish a single agency or two agencies comprising all members of staff of the Scottish Administration involved in carrying out such functions.
- (2) For the purposes of this section, “forestry and land management functions” means—
- (a) the Scottish Ministers’ functions under Parts 2 to 4 and sections 69 to 72,
- (2) For the purposes of this section, “*forestry and land management functions*” means—
- (a) the Scottish Ministers' functions under Parts 2 to 4 and sections 69 to 72,
- (b) such other functions relating to or in connection with forestry and land management as the Scottish Ministers may determine.
@@ -1628,9 +1628,9 @@
- (2) In this section—
- “relevant functions” means the Scottish Ministers’ functions under Parts 2 to 4 and sections 69 to 72,
- “the 5 year period” means the period of 5 years beginning with the day on which section 2 comes into force.
- “*relevant functions*” means the Scottish Ministers' functions under Parts 2 to 4 and sections 69 to 72,
- “*the 5 year period*” means the period of 5 years beginning with the day on which section 2 comes into force.
- (3) The report must, in particular, set out how the administrative arrangements have operated in relation to—
@@ -1704,9 +1704,9 @@
In this Act—
- “forestry dedication agreement” has the meaning given by section 5 of the Forestry Act 1967,
- “owner”, in relation to any land, means a person who has right to the land whether or not that person has completed title; but if, in relation to the land (or, if the land is held pro indiviso, in relation to any pro indiviso share in it) more than one person comes within that description of owner, then “owner” means such person as most recently acquired such right.
- “*forestry dedication agreement*” has the meaning given by section 5 of the Forestry Act 1967,
- “*owner*”, in relation to any land, means a person who has right to the land whether or not that person has completed title; but if, in relation to the land (or, if the land is held pro indiviso, in relation to any pro indiviso share in it) more than one person comes within that description of owner, then “*owner*” means such person as most recently acquired such right.
#### Modifications of enactments and repeals
@@ -1760,7 +1760,7 @@
- (2) The following table determines what is “Crown land” and who the “appropriate authority” is in relation to each kind of Crown land.
| Crown land | Appropriate authority |
| *Crown land* | *Appropriate authority* |
| --- | --- |
| Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate | The Crown Estate Commissioners |
| Land an interest in which belongs to Her Majesty in right of the Crown and to which section 90B(5) of the Scotland Act 1998 applies | The person having the management of the land |
@@ -1773,9 +1773,9 @@
- (3) In this section—
- (a) references to Her Majesty’s private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862,
- (b) “Government department” means a department of the Government of the United Kingdom.
- (a) references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862,
- (b) “*Government department*” means a department of the Government of the United Kingdom.
- (4) It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (2) is the appropriate authority in relation to any land (and their decision is final).
2018-05-01
Forestry and Land Management (Scotland) Act 2018
original version
Text at this date