LegalizeReform history
Forestry Act 1967
31 versions
· 1967-03-22
2026-02-18
Forestry Act 1967
2025-12-18
Forestry Act 1967
2025-11-27
Forestry Act 1967
2023-08-18
Forestry Act 1967
2023-07-27
Forestry Act 1967
2021-03-18
Forestry Act 1967
2019-04-01
Forestry Act 1967
2017-11-30
Forestry Act 1967
2017-04-01
Forestry Act 1967
2017-02-02
Forestry Act 1967
2016-05-21
Forestry Act 1967
2015-03-02
Forestry Act 1967
2013-07-18
Forestry Act 1967
2013-07-01
Forestry Act 1967
2013-04-01
Forestry Act 1967
2012-11-08
Forestry Act 1967
2012-04-06
Forestry Act 1967
2012-04-01
Forestry Act 1967
2012-03-01
Forestry Act 1967
2011-10-01
Forestry Act 1967
2010-04-01
Forestry Act 1967
2009-06-01
Forestry Act 1967
2007-05-24
Forestry Act 1967
2006-10-01
Forestry Act 1967
2006-03-16
Forestry Act 1967
2004-11-29
Forestry Act 1967
2004-11-28
Forestry Act 1967
2003-11-01
Forestry Act 1967
Changes on 2003-11-01
@@ -1294,6 +1294,32 @@
- (b) serve a copy of the notice in such manner as he thinks fit on every owner, lessee and occupier (except tenants for a month or less period than a month) of any land to which the order relates.
- (1A) Before making a compulsory purchase order the Scottish Ministers shall give notice of their intention in that regard to—
- (a) the holder of any personal real burden affecting the land to which the order relates if registration of the conveyance in implement of the order would vary or extinguish the title condition in question;
- (b) the owner of any land which is a benefited property (as defined by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9)) in relation to any land comprised in the order if such registration would vary or extinguish the title condition in question; and
- (c) the owners' association of the development in question if a development management scheme applies as respects any land comprised in the order and registration of the conveyance in implement of the order would disapply that scheme.
- (1B) Notice under sub-paragraph (1A)(a) or (b) above may be given—
- (a) by sending (that expression being construed in accordance with section 124 of the said Act of 2003 and as if what was being done was being done under that Act);
- (b) by advertisement;
- (c) by affixing a conspicuous notice to the burdened property and to—
- (i) in a case where there exists one, and only one, lamp post which is situated within one hundred metres of that property, that lamp post; or
- (ii) in a case where there exists more than one lamp post so situated, each of at least two such lamp posts; or
- (d) by such other means as the Scottish Ministers think fit,
and service of notice under sub-paragraph (1A)(c) above shall be by sending (as so construed) or by such other means as the Scottish Ministers think fit.
- (1C) Subsections (6) and (7) of section 21 of the said Act of 2003 apply in relation to affixing, and to a notice affixed, under sub-paragraph (1B)(c) above as they apply in relation to affixing, and to a notice affixed, under subsection (2)(b) of that section (the reference in paragraph (a)(ii) of the said subsection (6) to the date specified in the notice as the renewal date being construed as a reference to the last day of the period specified in the notice given under paragraph 2(1)(b) above).
- (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—
@@ -1308,13 +1334,13 @@
- (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 or, as the case may be, the Scottish Ministers to be affected, or if all objections so made are withdrawn, the Minister may, if he thinks fit and the Scottish Ministers may if they think fit (but subject to sub-paragraph (3) below), make the order, either with or without modifications.
- (2) In any other case the Minister or the Scottish Ministers 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.
- (2) Subject to paragraph 6B below, In any other case the Minister or the Scottish Ministers 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 or the Scottish Ministers 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.
Subject to paragraph 5 paragraphs 5 and 6B 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
@@ -1322,7 +1348,7 @@
##### 6
An inquiry in relation to a compulsory purchase order affecting land in Scotland, being an order which becomes subject to special parliamentary procedure, shall, if the Minister so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936; and, where any direction has been so given,—
Subject to paragraph 6B below,An inquiry in relation to a compulsory purchase order affecting land in Scotland, being an order which becomes subject to special parliamentary procedure, shall, if the Minister so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936; and, where any direction has been so given,—
- (a) it shall be deemed to have been given under section 2, as read with section 10, of the Statutory Orders (Special Procedure) Act 1945;
@@ -1482,13 +1508,13 @@
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.
#### Constitution, administration, etc., of Commission.
#### The Forestry Commission.
##### 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 and Wales and the Scottish Ministers shall have regard to the national interest in maintaining and expanding the forestry resources of Scotland.
#### Application for felling licence and decision of Commissioners thereon.
#### Requirement of licence for felling.
##### 17A
@@ -1528,11 +1554,11 @@
- (b) the reference in the said subsection (3) to the applicant for the licence shall be construed as a reference to the perosn on whom the restocking notice has been served.
#### Restrictions on Commissioners’ power under s. 18.
#### Composition etc. of advisory committees.
#### Provisions supplementary to s. 46 for New Forest and Forest of Dean.
#### Felling directions.
#### Committees to advise Commissioners.
#### Commisioners’ power to make byelaws.
##### 8A
@@ -1972,7 +1998,7 @@
[^c377635]: [1965 c. 43](https://www.legislation.gov.uk/ukpga/1965/43)**(89)**
[^c377636]: Words in [Sch. 5 para. 5](https://www.legislation.gov.uk/ukpga/1967/10/schedule/5/paragraph/5) inserted (1.7.1999) by [S.I. 1999/1747](https://www.legislation.gov.uk/uksi/1999/1747), [art. 3](https://www.legislation.gov.uk/uksi/1999/1747/article/3), [Sch. 12 Pt. II para. 4(41)(a)](https://www.legislation.gov.uk/uksi/1999/1747/schedule/12/part/II/paragraph/4/41/a)
[^c377636]: Words in Sch. 5 para. 5 inserted (1.7.1999) by [S.I. 1999/1747](https://www.legislation.gov.uk/uksi/1999/1747), [art. 3](https://www.legislation.gov.uk/uksi/1999/1747/article/3), [Sch. 12 Pt. II para. 4(41)(a)](https://www.legislation.gov.uk/uksi/1999/1747/schedule/12/part/II/paragraph/4/41/a)
[^c377638]: [1936 c. 52](https://www.legislation.gov.uk/ukpga/1936/52)**(89)**
@@ -2026,4 +2052,60 @@
[^c377664]: [1961 c. 55](https://www.legislation.gov.uk/ukpga/1961/55)**(29:7)**
[^key-b612866b45666757d2989563047dcbb0]: [Sch. 5 paras. 6A-6D](https://www.legislation.gov.uk/ukpga/1967/10/schedule/5/paragraph/6A) inserted (S.) (1.11.2003) by [Title Conditions (Scotland) Act 2003 (asp 9)](https://www.legislation.gov.uk/asp/2003/9), [ss. 110(4)](https://www.legislation.gov.uk/asp/2003/9/section/110/4), [129(4)](https://www.legislation.gov.uk/asp/2003/9/section/129/4) (with [ss. 119](https://www.legislation.gov.uk/asp/2003/9/section/119), [121](https://www.legislation.gov.uk/asp/2003/9/section/121)); [S.S.I. 2003/454](https://www.legislation.gov.uk/ssi/2003/454), [art. 2(1)](https://www.legislation.gov.uk/ssi/2003/454/article/2/1)
[^key-0c0e0b79f2878eda17046aa07e38ec6d]: Sch. 5 para. 2(1A)-(1C) inserted (S.) (1.11.2003) by [Title Conditions (Scotland) Act 2003 (asp 9)](https://www.legislation.gov.uk/asp/2003/9), [ss. 110(2)](https://www.legislation.gov.uk/asp/2003/9/section/110/2), [129(4)](https://www.legislation.gov.uk/asp/2003/9/section/129/4) (with [ss. 119](https://www.legislation.gov.uk/asp/2003/9/section/119), [121](https://www.legislation.gov.uk/asp/2003/9/section/121)); [S.S.I. 2003/454](https://www.legislation.gov.uk/ssi/2003/454), [art. 2(1)](https://www.legislation.gov.uk/ssi/2003/454/article/2/1)
[^key-2473f545b154dad51641f8e7e6e279da]: Words in Sch. 5 para. 3(2) inserted (S.) (1.11.2003) by [Title Conditions (Scotland) Act 2003 (asp 9)](https://www.legislation.gov.uk/asp/2003/9), [ss. 110(3)](https://www.legislation.gov.uk/asp/2003/9/section/110/3), [129(4)](https://www.legislation.gov.uk/asp/2003/9/section/129/4) (with [ss. 119](https://www.legislation.gov.uk/asp/2003/9/section/119), [121](https://www.legislation.gov.uk/asp/2003/9/section/121)); [S.S.I. 2003/454](https://www.legislation.gov.uk/ssi/2003/454), [art. 2(1)](https://www.legislation.gov.uk/ssi/2003/454/article/2/1)
[^key-596f80ed3a9670d1d6b11fa1f415c6de]: Words in Sch. 5 para. 4 inserted (S.) (1.11.2003) by [Title Conditions (Scotland) Act 2003 (asp 9)](https://www.legislation.gov.uk/asp/2003/9), [ss. 110(3)](https://www.legislation.gov.uk/asp/2003/9/section/110/3), [129(4)](https://www.legislation.gov.uk/asp/2003/9/section/129/4) (with [ss. 119](https://www.legislation.gov.uk/asp/2003/9/section/119), [121](https://www.legislation.gov.uk/asp/2003/9/section/121)); [S.S.I. 2003/454](https://www.legislation.gov.uk/ssi/2003/454), [art. 2(1)](https://www.legislation.gov.uk/ssi/2003/454/article/2/1)
[^key-58ffc215c8fc1a99883ad44fa48607af]: Words in Sch. 5 para. 6 inserted (S.) (1.11.2003) by [Title Conditions (Scotland) Act 2003 (asp 9)](https://www.legislation.gov.uk/asp/2003/9), [ss. 110(3)](https://www.legislation.gov.uk/asp/2003/9/section/110/3), [129(4)](https://www.legislation.gov.uk/asp/2003/9/section/129/4) (with [ss. 119](https://www.legislation.gov.uk/asp/2003/9/section/119), [121](https://www.legislation.gov.uk/asp/2003/9/section/121)); [S.S.I. 2003/454](https://www.legislation.gov.uk/ssi/2003/454), [art. 2(1)](https://www.legislation.gov.uk/ssi/2003/454/article/2/1)
[^M_F_19958652-57e8-4bc4-ed4b-225cd3e274e7]: Act repealed (S.) (1.4.2019) by [Forestry and Land Management (Scotland) Act 2018 (asp 8)](https://www.legislation.gov.uk/asp/2018/8), [s. 85(2)](https://www.legislation.gov.uk/asp/2018/8/section/85/2), [sch. 2](https://www.legislation.gov.uk/asp/2018/8/schedule/2) (with [ss. 80](https://www.legislation.gov.uk/asp/2018/8/section/80), [83](https://www.legislation.gov.uk/asp/2018/8/section/83)); [S.S.I. 2019/47](https://www.legislation.gov.uk/ssi/2019/47), [reg. 2](https://www.legislation.gov.uk/ssi/2019/47/regulation/2) (with transitional provisions and savings in [regs. 3-22](https://www.legislation.gov.uk/ssi/2019/47/regulation/3) (as amended (18.3.2021) by [The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44)](https://www.legislation.gov.uk/ssi/2021/44), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2021/44/regulation/1/1), [11(2)(b)(3)(a)](https://www.legislation.gov.uk/ssi/2021/44/regulation/11/2)))
##### 6A
The Scottish Ministers may require an objector to state in writing whether he objects—
- (a) as a person with title to enforce a title condition and if he does so object then in that statement to—
- (i) identify the benefited property and burdened property;
- (ii) identify the title condition (either by setting it out in full or by identifying the constitutive deed, saying where it is registered and giving the date of registration); and
- (iii) describe his connection with the benefited property.
- (b) as owners' association and if he does so object then in that statement to identify—
- (i) the development; and
- (ii) the development management scheme (by identifying the deed of application, saying where it is registered and giving the date of registration).
##### 6B
If in compliance with paragraph 6A above an objector states that he objects as mentioned in sub-paragraph (a) or (b) of that paragraph, paragraphs 3(2), 4 and 6 above shall not apply as respects that objection provided that the Scottish Ministers give him a written undertaking that any conveyance in implement of the acquisition will provide—
- (a) where the objector is as mentioned in paragraph 6A(a) above, that the title condition in question is not varied or extinguished in respect of the enforcement rights of that person, any such undertaking—
- (i) identifying the benefited property (if any) and burdened property;
- (ii) identifying the order; and
- (iii) setting out the manner in which the conveyance will fulfil the undertaking; or
- (b) where the objector is as mentioned in paragraph 6A(b) above, that the development management scheme will not be disapplied, any such undertaking—
- (i) identifying the development;
- (ii) identifying the order; and
- (iii) setting out the manner in which the conveyance will fulfil the undertaking.
##### 6C
The effect, under subsection (1) of section 106 of the Title Conditions (Scotland) Act 2003 (asp 9) (extinction of real burdens and servitudes etc. on compulsory acquisition of land), of registering the conveyance after an undertaking given under paragraph 6B above has been registered against the burdened property, or as the case may be against the units of the development, shall be subject to the terms of the undertaking irrespective of the terms of the conveyance.
##### 6D
In this Part, “*title condition*”, “*development management scheme*” and “*personal real burden*” have the same meanings as in that Act; and in paragraphs 6B and 6C above, “*conveyance*” has the same meaning as in section 106(5) of that Act.
2002-03-27
Forestry Act 1967
2001-01-30
Forestry Act 1967
1970-01-02
Forestry Act 1967
original version
Text at this date