Forestry Act 1967

• (2) The seal shall be authenticated by a Forestry Commissioner, or by the secretary to the Commissioners, or by some person authorised by the Commissioners to act on behalf of the secretary.

5

• (1) Every document purporting to be an order or other instrument issued by the Commissioners and to be sealed with the seal of the Commissioners authenticated in manner provided by paragraph 4(2) above, or to be signed by the secretary to the Commissioners or any person authorised by the Commissioners to act on behalf of the secretary, shall be received in evidence and be deemed to be such order or instrument without further proof, unless the contrary is shown.

• (2) The Documentary Evidence Act 1868, as amended by the Documentary Evidence Act 1882, shall apply to the Commissioners as though the Commissioners were included in the first column of the Schedule to the said Act of 1868, and the chairman or any other Commissioner, or the secretary, or any person authorised to act on behalf of the secretary, were mentioned in the second column of that Schedule, and as if the regulations referred to in those Acts included any document issued by the Commissioners.

Staff

6

• (1) The Commissioners may, subject to such limit as to number as the Treasury may determine, appoint and employ such officers and servants for the purposes of this Act as the Commissioners think necessary, and may remove any officer or servant so appointed or employed.

• (2) There shall be paid to officers and servants appointed or employed by the Commissioners such salaries or remuneration as the Ministers may, with the approval of the Treasury, determine.

Committees appointed under section 2(3)

7

• (1) An order of the Commissioners under section 2(3) of this Act appointing a committee shall make provision as to the constitution (including the terms of office of members), quorum and procedure of the committee.

• (2) There shall be paid . . .to the members of any committee appointed for England ... under section 2(3) who are not Forestry Commissioners or officers of the Commissioners such travelling and other allowances as the Ministers may, with the approval of the Treasury, determine.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

8

The functions of the Ministers under this Part of this Schedule shall be exercised by them jointly, except in so far as they make arrangements that this paragraph shall not apply.

Part II — Superannuation of Forestry Commissioners and Commission Staff

9

• (1) This paragraph applies to Forestry Commissioners and to such classes of officers employed by the Commissioners as may be determined by the Ministers with the approval of the Treasury.

• (2) Subject to the following provisions, there may be granted to or in respect of persons to whom this paragraph applies the same superannuation benefits as can be granted in respect of persons in the civil service under the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme . . . shall have effect accordingly with respect to persons to whom this paragraph applies as they have effect with respect to persons in the civil service.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this Part of this Schedule—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “superannuation benefits” includes a superannuation allowance, additional allowance, annual allowance, retiring allowance, compensation allowance, gratuity, pension, compensation and annuity.

10

• (1) The Ministers may with the approval of the Treasury make schemes to supplement or replace (either as a whole or in part) paragraph 9(2) above, being schemes for the grant of superannuation and other allowances and gratuities to or for the benefit of persons to whom paragraph 9 applies; and, without prejudice to the foregoing,—

• (a) the superannuation benefits to be granted in accordance with the scheme may include those which may be granted under the said paragraph 9(2), subject to the provisions of that sub-paragraph in the case of contributory pensions; and

• (b) on the coming into force of a scheme made under this paragraph, paragraph 9(2) shall, to the extent that the scheme makes any provision different therefrom, cease to have effect.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

Where on the death of a person to whom paragraph 9 above applies any sum not exceeding £5,000 is due to that person or his legal personal representative in respect of salary, wages or superannuation benefits, then, subject to any regulations made by the Treasury, probate or other proof of the title of the legal personal representatives may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the Commissioners to be beneficially entitled to the personal estate of the deceased person, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased person or any of his children, to or among such persons as the Commissioners may think fit, and the Commissioners or other person responsible for the payment of any such sum shall be discharged from all liability in respect of any such payment or distribution.

13

The functions of the Ministers under this Part of this Schedule shall be exercisable by them jointly, except in so far as they make arrangements that this paragraph shall not apply.

SCHEDULE 2

England and Wales

1

• (1) In the case of settled land in England or Wales, the tenant for life may enter into a forestry dedication covenant relating to the land or any part thereof either for consideration or gratuitously.

• (2) The Settled Land Act 1925 shall apply as if the power conferred by subparagraph (1) above had been conferred by that Act; and for the purposes of section 72 of that Act (which relates to the mode of giving effect to a disposition by a tenant for life and to the operation thereof), and of any other relevant statutory provision applying to England or Wales, entering into a forestry dedication covenant shall be treated as a disposition.

• (3) The foregoing provisions of this paragraph shall be construed as one with the Settled Land Act 1925.

• (4) Section 28 of the Law of Property Act 1925 (which confers the powers of a tenant for life on trustees for sale) shall apply as if the power of a tenant for life under sub-paragraph (1) above had been conferred by the Settled Land Act 1925.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In the case of diocesan glebe land the Diocesan Board of Finance in which the land is vested and, in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation, with the consent of the Church Commissioners, may enter into a forestry dedication covenant relating to the land either for consideration or gratuitously, and the Ecclesiastical Leasing Acts shall apply as if the power conferred by this paragraph had been conferred by those Acts, except that the consent of the patron of an ecclesiastical benefice shall not be requisite. Provided—

• (a) the consent of the Church Commissioners shall be required to any transaction under this paragraph relating to diocesan glebe land if such consent would be required under section 21 of the Church Property Measure 2018, and

• (b) section 47 of that Measure shall apply to any transaction under this paragraph as it applies to any transaction under that Measure and as if the reference therein to the requirements of that Measure included a reference to the requirements of this paragraph.

Scotland

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

1

Provisions of section 15 of this Act requiring an application for a felling licence to be dealt with under the Town and Country Planning Acts shall be construed in accordance with this Schedule.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

England and Wales

1

• (1) For the purpose of any acquisition by the Minister of land in England or Wales, where the acquisition is by agreement, Part I of the Compulsory Purchase Act 1965 shall apply in accordance with the following provisions of this paragraph.

• (2) In the said Part I as so applied—

• (a) “the acquiring authority” means the Minister;

• (b) “the special Act” means section 39 of this Act; and

• (c) for references to land subject to compulsory purchase there shall be substituted references to land which may be acquired by agreement under the said section 39.

• (3) In relation to the acquisition of land by agreement under section 39, Part I of the said Act of 1965 shall be modified as follows:—

• (a) sections 4 to 8, 10, 27 and 31 shall not apply;

• (b) section 30(3) shall not apply, but notices required to be served by the Minister under any provision of the said Act of 1965 as applied by this paragraph may, notwithstanding anything in section 30(1) of that Act, be served and addressed in the manner specified in section 30 of this Act.

Scotland

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Part I — Procedure for making Compulsory Purchase Orders

1

A compulsory purchase order shall describe by reference to a map the land to which it applies.

2

• (1) Before making a compulsory purchase order, the Minister ... shall—

• (a) publish in one or more newspapers circulating in the locality in which the land to which the order relates is situated a notice stating that a compulsory purchase order is proposed to be made; and

• (b) serve a copy of the notice in such manner as he thinks fit on every person who is an owner, lessee, tenant (whatever the tenancy period) or occupier of any land to which the order relates.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Section 30 of this Act applies to the service of a notice under sub-paragraph (1)(b) above as it applies to the service of documents under Part II of this Act.

• (3) A notice under sub-paragraph (1) above shall—

• (a) describe the land,

• (b) name the place where a copy of a draft of the compulsory purchase order and of the map referred to therein may be seen at all reasonable hours, and

• (c) specify the time (not less than twenty-eight days from the date of the publication of the notice) within which, and the manner in which, objections to the order may be made.

3

• (1) If no objection is duly made by any of the persons on whom notices are required to be served, or by any other person appearing to the Minister ... to be affected, or if all objections so made are withdrawn, the Minister may, if he thinks fit ... (but subject to sub-paragraph (3) below), make the order, either with or without modifications.

• (2) In any other case the Minister ... shall, before making the order, cause a local inquiry to be held and shall consider any objections not withdrawn and the report of the person who held the inquiry, and may then, if he thinks fit (but subject to sub-paragraph (3) below), make the order, either with or without modifications.

• (3) An order made by the Minister ... with modifications shall not, unless all persons interested consent, authorise him to purchase compulsorily any land which the order would not have authorised him so to purchase if it had been made without modifications.

4

Subject to paragraph 5 below, where objection to a compulsory purchase order is duly made by a person mentioned in paragraph 3(1) above and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure and the Statutory Orders (Special Procedure) Acts 1945 and 1965 shall have effect accordingly.

5

If an objection appears to the Minister ... to relate exclusively to matters which can be dealt with by the tribunal by whom the compensation for the compulsory purchase would be assessed, the Minister ... may disregard the objection for the purposes of paragraph 3 above, and may (whether he disregards it for those purposes or not) direct that it shall be disregarded for the purposes of paragraph 4 above.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Validity and Operation of Compulsory Purchase Orders

7

• (1) So soon as may be after a compulsory purchase order has been made by the Minister, he shall—

• (a) publish in one or more newspapers circulating in the locality in which the land to which the order relates is situated a notice stating that the order has been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

• (b) serve a like notice on every person who made an objection to the order.

• (2) Section 30 of this Act applies to the service of a notice under sub-paragraph (1)(b) above as it applies to the service of documents under Part II of this Act.

• (2A) Sub-paragraphs (2B) to (2H) apply where a compulsory purchase order authorises the compulsory purchase of land in England or Wales.

• (2B) The appropriate national authority must serve the notice mentioned in sub-paragraph (1) on any person who, if Schedule 1 to the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under paragraph 3 of that Schedule (notice to owners, lessees and occupiers).

• (2C) The notice must—

• (a) contain a statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981), and

• (b) invite any person who would be entitled to claim compensation if a declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 to give the appropriate national authority information about the person’s name, address and interest in land, using a form set out in the notice.

• (2D) The statement referred to in sub-paragraph (2C)(a) must be the same as the relevant statement prescribed under paragraph 6(4)(e) of Schedule 1 to the Acquisition of Land Act 1981, subject to any necessary modifications.

• (2E) The form mentioned in sub-paragraph (2C)(b) must be the same as the relevant form prescribed under paragraph 6(4)(f) of Schedule 1 to the Acquisition of Land Act 1981, subject to any necessary modifications.

• (2F) The appropriate national authority must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.

• (2G) For the purposes of sub-paragraphs (2D) and (2E), a statement or a form is “relevant” if it was prescribed by the appropriate national authority which has to serve it.

• (2H) In this paragraph, the “appropriate national authority” means—

• (a) in relation to the compulsory purchase of land in England, the Secretary of State, and

• (b) in relation to the compulsory purchase of land in Wales, the Welsh Ministers.

• (3) Where the order is subject to special parliamentary procedure, the notice to be published and served by the Minister under sub-paragraph (1) above shall contain a statement that the order is to be laid before Parliament under the Statutory Orders (Special Procedure) Acts 1945 and 1965.

8

• (1) Except where the order is confirmed by Act, if a person aggrieved by the order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may—

• (a) in the case of an order to which the Statutory Orders (Special Procedure) Acts 1945 and 1965 apply, within a period of six weeks after the date on which the order becomes operative under those Acts; and

• (b) in any other case, within a period of six weeks after the first publication of the notice of the order,

make an application for that purpose to the court.

• (2) Where any such application is duly made, the court—

• (a) may by interim order suspend the operation of the compulsory purchase order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

• (b) if satisfied upon the hearing of the application that the order is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order, either generally or in so far as it affects any property of the applicant.

• (3) In this paragraph—

• “confirmed by Act” means confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945 ... ; and

• “the court” means, in relation to England and Wales, the High Court ... .

9

Subject to the foregoing provisions, the order shall not be questioned by prohibition or certiorari or in any legal proceedings whatsoever either before or after the order is made.

10

The order, except where the Statutory Orders (Special Procedure) Acts 1945 and 1965 apply to it, shall become operative at the expiration of six weeks from the date on which notice of it is first published in accordance with the provisions of this Part of this Schedule.

Part III — Procedure for Acquisition of Land by Compulsory Purchase

England and Wales

11

• (1) For the purpose of any acquisition by the Minister of land in England or Wales, where the acquisition is by compulsory purchase, Part I of the Compulsory Purchase Act 1965 shall apply subject to and in accordance with the following provisions of this paragraph.

• (2) In the said Part I as so applied—

• (a) “the acquiring authority” means the Minister, and

• (b) “the special Act” means section 39 of this Act and the compulsory purchase order under section 40.

• (3) In relation to compulsory purchase under this Act, Part I of the said Act of 1965 shall be modified as follows:—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

As regards land in England or Wales, a compulsory purchase order under this Act may provide that section 77 of the Railways Clauses Consolidation Act 1845, and sections 78 to 85 of that Act as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, shall be incorporated with section 39 of this Act, subject to such adaptations and modifications as may be specified in the order.

Scotland

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

1

• (1) In so far as any appointment, order, regulation, byelaw, application, claim for compensation or reference made, or notice or directions given, or other thing done under an enactment repealed by this Act could have been made, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made, given or done under that corresponding provisions.

• (2) Anything begun under an enactment repealed by this Act may be continued under this Act as if begun thereunder.

• (3) Any reference in this Act to things done, suffered or occurring in the past shall, so far as the context requires for the purpose of continuity of operation between an enactment repealed by this Act and the corresponding enactment in this Act, be construed as including a reference to things done, suffered or occurring before the commencement of this Act.

• (4) So much of any document as refers expressly or by implication to any enactment repealed by this Act shall, if and so far as the context permits, be construed as referring to this Act or the corresponding enactment therein.

• (5) The generality of sub-paragraphs (1) to (4) above shall not be prejudiced by anything in the subsequent provisions of this Schedule.

2

For the purposes of section 16(4) of this Act, any such anniversary of an application as is there referred to shall, in the case of an application made before the commencement of this Act and having effect as if made under this Act, be taken as falling on the date on which it would have fallen if this Act had not been passed.

3

A notice given by the Commissioners under section 11(1) of the Forestry Act 1951 and having effect as if given under section 24 of this Act shall, in a case where the notice was by virtue of section 11(4) of that Act inoperative immediately before the commencement of this Act, remain inoperative under section 25(2) of this Act for as long as, and no longer than, it would have so remained but for the passing of this Act.

4

• (1) References in this Act to land acquired by the Minister thereunder shall include references to land which, immediately before the commencement of this Act, was vested in that Minister having been acquired by him or any predecessor of his under section 4 of the Forestry Act 1945, or vested by that section in the appropriate Minister for the purposes of that Act, or transferred to the Minister by the operation of Article 9(1) of the Secretary of State for Wales and Minister of Land and Natural Resources Order 1965 (which Order transferred functions of the Minister of Agriculture, Fisheries and Food under the Forestry Acts 1919 to 1951 partly to the Minister of Land and Natural Resources and partly to the Secretary of State for Wales) or of Article 2 of the Ministry of Land and Natural Resources (Dissolution) Order 1967 (which dissolved the Ministry of Land and Natural Resources and transferred its principal functions under the said Acts to the Ministry of Agriculture, Fisheries and Food).

• (2) For the purposes of this Act, but subject to sub-paragraph (3),any land which was immediately before the commencement of this Act for the time being placed or deemed to have been placed at the disposal of the Commissioners under the Forestry Act 1945 shall be treated as continuing after that commencement to be so placed by virtue of section 39(1) of this Act, without prejudice to the power of the Minister to make any other disposition with regard to that land.

• (3) Any land in Wales which, immediately prior to 1 April 2013, was treated as being placed at the disposal of the Commissioners pursuant to sub-paragraph (2) shall thereafter be treated as being placed at the disposal of the Natural Resources Body for Wales by virtue of section 39(1) of this Act, without prejudice to the power of the Welsh Ministers to make any other disposition with regard to that land.

5

The references to the Forestry Commissioners in section 48 of the Settled Land Act 1925 (which contains regulations respecting forestry leases) and in the definition of “forestry lease” in section 117 of that Act shall be construed as references to the Minister, and the reference in the said definition to the Forestry Act 1919 shall be construed as a reference to this Act.

6

Any power under any enactment to amend or repeal an enactment repealed by this Act includes power to amend or repeal the corresponding provision of this Act.

SCHEDULE 7

Part I — Repeals

Part II — Savings

1

The repeal of section 2 of the Forestry (Transfer of Woods) Act 1923 shall not affect any rights or liabilities of the Commissioners transferred to them under that section, in so far as any such rights and liabilities continued to subsist immediately before the commencement of this Act.

2

The repeal of section 4(5) of the Forestry Act 1945 shall not be taken as affecting the Minister’s obligation to hold land subject to any terms and conditions applicable by virtue of that subsection, so far as any obligation arising under that subsection continued to subsist immediately before the commencement of this Act; nor shall the said repeal alter the construction of any conveyance, lease or other instrument for whose construction the subsection had effect immediately before the said commencement.

3

The repeal of sections 1 to 4 of the Forestry Act 1947 shall not affect the application of any of those sections, or any part of them, for the purposes of—

4

Notwithstanding the repeal of section 8(1) of the Crown Estate Act 1961, the powers of the Minister over land transferred as mentioned in that subsection shall not be subject to any restrictions which may have applied to the land as being part of the Royal forests, parks and chases or any of them.

Requirement of licence for felling.

8A

In performing their functions under this Act the Ministers shall have regard to the national interest in maintaining and expanding the forestry resources of England or (as the case may be) Wales ....

Requirement of licence for felling.

17A

• (1) The appropriate forestry authority may serve a notice under this section (a “restocking notice”) on a person where—

• (a) it appears to the appropriate forestry authority that he has committed an offence in England or Wales under section 17 of this Act, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and ... he has such an estate or interest in the land in question as is mentioned in section 10(1) of this Act.

• (1A) A restocking notice is a notice requiring the person on whom it is served—

• (a) to restock or stock with trees the land or such other land as may be agreed between the appropriate forestry authority and him; and

• (b) to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding ten years, specified in the notice.

• (1B) A restocking notice served by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subject to the provisions of this Act, in considering whether to issue a restocking notice the Commissioners shall—

• (a) have regard to the interests of good forestry and agriculture and of the amenities of the district;

• (b) have regard to their duty of promoting the establishment and maintenance . . . of adequate reserves of growing trees; and

• (c) take into account any advice tendered by the regional advisory committee for the conservancy comprising the land to which the restocking notice would relate.

• (4) This section shall not apply in relation to trees to which a tree preservation order relates or in relation to trees the felling of which took place before the date of coming into force of the Forestry Act 1986.

17B

• (1) A person on whom a restocking notice has been served who objects to the notice or to any condition contained therein may by notice served within the prescribed time and in the prescribed manner request the Minister where the restocking notice relates to land in England or Wales... to refer the matter to a committee appointed in accordance with section 27 of this Act; and—

• (a) the Minister ... shall, unless he is ... of the opinion that the grounds of the request are frivolous, refer the matter accordingly; and

• (b) the committee, after compliance with subsection (3) of that section, shall thereupon make a report to the Minister ....

• (2) The Minister ... may, after considering the committee’s report, direct the appropriate forestry authority to withdraw the notice or to notify the objector that it shall have effect subject to such modification as the Minister ... shall direct.

17C

The provisions of sections 24 (notice to require compliance with conditions or directions), 24A (further notice under section 24 for next estate or interest holders), 25 (appeal against notice under section 24) and 26(1), (3) and (4) (expenses) of this Act shall apply in relation to a restocking notice as they apply in relation to a felling licence; and for the purposes of such application—

• (a) references in those sections to a felling licence shall be construed as references to a restocking notice; and

• (b) the references in section 24(2A)(a)(i) and 26(3) to the applicant for the licence shall be construed as a reference to the perosn on whom the restocking notice has been served.

Management of forestry land.

Committees to advise Commissioners.

Commisioners’ power to make byelaws.

8A

In this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.

13A

In this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.

Editorial notes

[^c377187]: Act wholly in force at Royal Assent.

[^c377193]: Words in s. 1(2)(3) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(2)

[^c377195]: S. 1(3A) added by Wildlife and Countryside (Amendment) Act 1985 (c. 31, SIF 4), s. 4

[^c377196]: 1967 c. 8(2:11)

[^c377197]: S. 1(4)(a)(b) substituted (1.7.1999) for words “the Ministers” by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(3)

[^c377199]: Word substituted by Forestry Act 1981 (c. 39, SIF 54), s. 5

[^c377201]: S. 3(1) amended by Countryside Act 1968 (c. 41, SIF 46:1), s. 24(1)

[^c377202]: Words in s. 3(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(5)

[^c377203]: S. 4 repealed by Forestry Act 1979 (c. 21, SIF 54), s. 3(2), Sch. 2

[^c377208]: Words in s. 5(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(6)

[^c377209]: 1925 c. 20(98:1)

[^c377210]: 1925 c. 20(98:1)

[^c377211]: S. 5(3)(4) extended (S.) with modifications by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 46(3)

[^c377219]: S. 6(4) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(7)

[^c377220]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

[^c377221]: Words in s. 8(c) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(8)

[^c1326663]: S. 8A inserted by Forestry Act 1981 (c. 39, SIF 54), s. 4

[^c377223]: Words in s. 8A substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para.3

[^c377254]: S. 9 excluded by S.I. 1979/792, reg. 4

[^c377255]: Words substituted by Forestry Act 1979 (c. 21, SIF 54), s. 2(1), Sch. 1

[^c377258]: Words substituted by virtue of S.I. 1985/1958, reg. 2

[^c377260]: Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 13(2), Sch. 17 paras. 33, 35(1)

[^c377261]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2, para. 14(1)

[^c377270]: Definition of “public open space” restricted by Countryside Act 1968 (c. 41, SIF 46:1), s. 24(4)

[^c377271]: Definition substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 13(3), Sch. 17 paras. 33, 35(1)

[^c377273]: 1925 c. 20(98:1)

[^c377274]: 1949 c. 97(46:1)

[^c377275]: Words inserted by Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 58(5)

[^c377276]: 1967 c. 86(46:1)

[^c377278]: Words repealed by Forestry Act 1979 (c. 21, SIF 54), s. 3(2), Sch. 2

[^c377305]: Words in s. 10(2)(b) omitted (1.7.1999) by virtue of S.I. 1999/1747 , art. 3 , Sch. 12 Pt. II para. 4(9)

[^c377306]: Words in s. 10(4)(b) inserted (1.7.1999) by S.I. 1999/1747 , art. 3 , Sch. 12 Pt. II para. 4(10)

[^c377307]: Words added by Trees Act 1970 (c. 43, SIF 54), s. 2

[^c377308]: Words in s. 14(2) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(11)

[^c420690]: S. 15(8) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

[^c377310]: Words in s. 16(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(12)(a)

[^c377317]: Words in s. 17A(3)(b) omitted (1.7.1999) by virtue of S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)

[^c377320]: Words in s. 17B(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(13)(a)

[^c377225]: Ss. 17A–17C inserted by Forestry Act 1986 (c. 30, SIF 54), s. 1(a)

[^c377328]: Words in s. 18(1) omitted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)

[^c377330]: Words in s. 19(3) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(14)

[^c420692]: S. 19(4) repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

[^c377332]: Words in s. 20(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(15)(a)

[^c377333]: Words in s. 20(1) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(15)(b)

[^c377334]: Words in s. 21(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(16)(a)

[^c377349]: 1961 c. 33(28:1)

[^c377351]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1;), ss. 39, 46, Sch. 3 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and expressed to be substituted (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt.III

[^c377352]: Words in s. 25(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para 4(18)(a)

[^c377359]: S. 27: Unreliable margin note

[^c377360]: Words inserted by Forestry Act 1986 (c. 30, SIF 54), s. 1(b)

[^c377361]: Words in s. 27(1)(a) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(22)(a)

[^c377364]: Words in s. 27(3)(c) omitted (1.7.1999) by virtue of S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)

[^c377366]: Words in s. 27(4) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(22)(c)

[^c377368]: 1925 c. 18(98:3)

[^c377369]: Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

[^c377370]: 1978 c. 30(115:1)

[^c377371]: Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1;), ss. 289F, 289G

[^c377374]: S. 32(3)-(6) substituted (1.7.1999) for s. 32(3) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(23)

[^c377391]: Definition inserted by Forestry Act 1986 (c. 30, SIF 54), s. 1(c)

[^c377392]: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2, para. 14(2)

[^c377394]: 1963 c. 33(81:1)

[^c377397]: Words in s. 38(3) substituted (25.9.1991) by Forestry Act 1991 (c. 43, SIF 54), ss.1, 2(2).

[^c377408]: S. 39 extended by (S.) Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 59 and Countryside Act 1968 (c. 41, SIF 46:1), (E.W.) s. 23(3) and (E.W.)(S.) s. 24(5)

[^c377409]: Words in s. 39(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(28)(a)

[^c377412]: S. 39(2)(2A) substituted for s. 39(2) by Forestry Act 1981 (c. 39, SIF 54), s. 1

[^c377418]: Ss. 39(4), 41(7) repealed by Forestry Act 1981 (c. 39, SIF 54), s. 4(2), Sch.

[^c377460]: S. 40 extended with modifications by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7, para. 2(1), (xviii), Sch. 8 para. 33

[^c377461]: S. 40 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xvii), Sch. 17 paras. 33, 35(1)

[^c377462]: S. 40 extended (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(1)(2) (xiii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

[^c377463]: S. 40 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xiii); S.I. 1996/218, art. 2

[^c377465]: Words repealed by S.I. 1974/595, Sch. 1 Pt. I

[^c377466]: Words inserted by S.I. 1970/211, art. 3(7)

[^c377468]: Word repealed by Gas Act 1986 (c. 44, SIF 44), s. 67(4), Sch. 9 Pt. 1

[^c377469]: Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

[^c377470]: Word repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[^c377471]: S. 40(2)(e) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 23 (subject to art. 1(3))

[^c377472]: S. 40(4) substituted by Forestry Act 1981 (c. 39, SIF 54), s. 2

[^c377474]: 1919 c. 58

[^c377489]: S. 41(1)-(4A) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(33)(a)

[^c377490]: S. 41(2)(3)(3A) substituted (16.3.2000) for s. 41(2)(3) by S.I. 2000/746, art. 2, Sch. para. 5(2)

[^c377495]: S. 41A repealed (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(4)

[^c377496]: S. 41(6)-(11) inserted (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(5)

[^c377499]: S. 41(6) repealed (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(33)(b)

[^c377500]: Ss. 39(4), 41(7) repealed by Forestry Act 1981 (c. 39, SIF 54), s. 4(2), Sch.

[^c377501]: S. 42 repealed (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(34)

[^c377502]: 1923 c. 21

[^c377503]: Words substituted by Forestry Act 1979 (c. 21, SIF 54), s. 2(1), Sch. 1

[^c377505]: 1961 c. 55(29:7)

[^c377506]: S. 44 repealed (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(35)

[^c1326666]: S. 45 substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(36)

[^c377508]: Words in s. 45(3) omitted (16.3.2000) by virtue of S.I. 2000/746, art. 2, Sch. para. 5(6)

[^c377518]: S. 46 amended by (S.) Countryside (Scotland) Act 1967 (c. 86, SIF 46:1), s. 58(3) and (E.W.) Countryside Act 1968 (c. 41, SIF 46:1), s. 23(4)

[^c377519]: 1899 c. 30(25)

[^c377520]: Words in s. 46(4) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(37)(a)

[^c377522]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1;), ss. 39, 46, Sch. 3 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and expressed to be substituted (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III

[^c377524]: Words substituted by Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 6 para 28

[^c377525]: Words substituted by Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

[^c377526]: S. 46(6) repealed by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 6 Pt. II

[^c377527]: The text of s. 47(2) and Sch. 7 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c377528]: 1964 c. 83.

[^c377529]: 1927 c. 6.

[^c377530]: S. 47(4) references to Magistrates' Courts Act 1952 and 1957 (which Acts were repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(a), Sch. 9) are to be construed as mentioned in Sch. 8 para. 5 of that 1980 Act

[^c377531]: 1952 c. 55

[^c377532]: 1957 c. 29

[^c377533]: 1967 c. 8(2:11)

[^c377534]: 1824 c. 83(39:2)

[^c377535]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1;), ss. 39, 46, Sch. 3 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and expressed to be substituted (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt.III

[^c377539]: Definition in s. 49 substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(38)

[^c420693]: Words in s. 49(1) in definition of "the Minister" repealed (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

[^c420696]: Words in s. 49(1) in definition of "the Minister" substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 13(a) (with arts. 5(3), 6)

[^c420698]: Words in s. 49(1) in definition of "the Minister" substituted (27.3.2002) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(1), Sch. 1 para. 13(b) (with arts. 5(3), 6)

[^c377540]: 1907 c. cxxxvi.

[^c377541]: 1939 c. lxxxvi.

[^c377542]: 1935 c. ii.

[^c377548]: 1889 c. 63

[^c377549]: Sch. 1 para. 2: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para.2

[^c377550]: 1868 c. 37(47)

[^c377551]: 1882 c. 9(47)

[^c377552]: Sch. 1 para. 6: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 2(2)

[^c377553]: Sch. 1 para. 6(1) modified (1.7.1999) by S.I. 1999/672, art. 5, Sch.2

[^c377557]: Words in Sch. 1 para. 7(2) omitted (16.3.2000) by virtue of S.I. 2000/746, art. 2 Sch. para. 5(7)(a)

[^c377558]: Words in Sch. 1 para. 7(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(39)(b)

[^c377560]: Sch. 1 para. 8A inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(39)(d)

[^c377568]: Sch. 1 para. 9: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 2

[^c377569]: Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para 60

[^c377571]: 1972 c. 11(101A:1)

[^c377572]: Words repealed by Finance Act 1972 (c. 41, SIF 63:1), Sch. 28 Pt. IV

[^c377573]: Sch. 1 para. 9(3) repealed (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(7)(b)

[^c377574]: Words repealed by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch.8

[^c377580]: Sch. 1 para. 10: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 2

[^c377581]: Sch. 1 para. 10(2) repealed (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 5(7)(b)

[^c377582]: Para 10(3) substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para 61

[^c377583]: Sch. 1 para. 11 repealed by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 8

[^c377584]: Sch. 1 para. 12 first sub-paragraph: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para.2

[^c377585]: Words substituted by virtue of S.I. 1984/539, art. 2(c)

[^c377586]: Words inserted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 62

[^c377587]: 1965 c. 32(116:1)

[^c377589]: Sch. 1 para. 13A inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(39)(e)

[^c421011]: Sch. 1: functions exercisable by the Minister for Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly transferred (27.3.2002) to the Secretary of State by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 3(5) (with art. 6)

[^c377593]: 1925 c. 18(98:3)

[^c377594]: Sch. 2 para. 1(4) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4), 25(5)); S.I. 1996/2974, art.2

[^c377595]: 1925 c. 20(98:1)

[^c377597]: Para. 3 excluded as to incumbents by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 47(3), Sch. 7

[^c377590]: Sch. 2 extended (E.W.S.) by s. 15(5) and (E.W.) by s. 45(2) of the Countryside Act 1968 (c. 41, SIF 46:1), Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 39(4) and Agriculture Act 1986 (c. 49, SIF 2:1), s. 18(9)(10) Sch. 2 applied (E.W.) (30.1.2001) by 2000 c. 37, ss. 16(5), 103(2) (with ss. 16(7), 43)

[^c421105]: Sch. 3 para. 4 repealed (27.3.2004) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)

[^c377620]: 1965 c. 56(28:1)

[^c377633]: Para. 4 excluded (E.W.) by Mineral Workings Act 1985 (c. 12, SIF 86), s. 6(3)

[^c377634]: 1945 c. 18 (9 & 10 Geo. 6)(89)

[^c377635]: 1965 c. 43(89)

[^c377639]: 1945 c. 18 (9 & 10 Geo. 6)(89)

[^c377640]: 1965 c. 43(89)

[^c377641]: 1965 c. 56(28:1)

[^c377642]: Para. 11(3)(a)(c)–(e) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. III

[^c377644]: Sch. 5 para. 11(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. III

[^c377645]: 1845 c. 20(102)

[^c377646]: 1923 c. 20(102)

[^c377651]: 1951 c. 61.

[^c377652]: 1945 c. 35.

[^c377653]: S.I. 1965/319.

[^c377654]: S.I. 1967/156.

[^c377655]: 1925 c. 18(98:3)

[^c377656]: 1919 c. 58.

[^c377657]: The text of s. 47(2) and Sch. 7 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c377658]: 1923 c. 21.

[^c377659]: 1945 c. 35.

[^c377660]: 1947 c. 21.

[^c377661]: 1949 c. 97(46:1)

[^c377662]: 1950 c. 24.

[^c377663]: 1959 c. 25.

[^c377664]: 1961 c. 55(29:7)

[^key-6a4385d48a09c4c7f1cbcec503015026]: S. 49(3) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 27(4), 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-2f1ab0a1b40db9a19bfa66980260eaa5]: Words in s. 9(6) inserted (19.9.2004 for E., 28.5.2005 for W.) by Countryside and Rights of Way Act 2000 (c. 37), s. 103(3), Sch. 4 para. 2; S.I. 2004/2173, art. 2(1)(i); S.I. 2005/423, art. 2(h)

[^key-14e143e5d6f0f397f2b03c397fec25f3]: S. 7A inserted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 2

[^M_F_fc8a48a1-fbfb-4da2-be00-22da7f983424]: S. 8 renumbered as s. 8(1) (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 3(2)

[^key-fe9744cc2c4f6ef79bc0e02601be0618]: S. 8(2)(3) inserted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 3(3)

[^key-34db62c061afd0ed8e2fb8e1641a3f47]: S. 17A(1A) inserted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 4(3)

[^key-db7eb5ff75313dec32adc4d26f6c77b9]: S. 17A(1) substituted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 4(2)

[^key-6f616084af678ed4037845d41502c903]: Words in s. 17C substituted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 5(4)

[^key-b46866df9c0460956930b081e1c71828]: S. 24(2A) inserted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 5(3)

[^key-380c09a805e7c6b3c4f9455329b9bfd5]: Words in s. 24(2)(a) substituted (16.3.2006) by Regulatory Reform (Forestry) Order 2006 (S.I. 2006/780), arts. 1(1), 5(2)