UNITED KINGDOM STATUTORY INSTRUMENT
2019 No. 734
Constitutional Law
Devolution, Scotland
Forestry
The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019
Made 28th March 2019
Coming into force in accordance with article 1(2)
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(5) of the Scotland Act 1998.
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
S-1
Citation, commencement and extentCitation, commencement and extent
1.—(1) This Order may be cited as the Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019.
(2) This Order comes into force on the day on which section 81 of the Forestry and Land Management (Scotland) Act 2018comes into force.
(3) Article 5 extends to Scotland only.
(4) Any modification made by the Schedule has the same extent as the provision being modified.
Interpretation
2. In this Order—
“the 2018 Act” means the Forestry and Land Management (Scotland) Act 2018,
“the 1967 Act” means the Plant Health Act 1967,
“the 2002 Regulations” means the Forest Reproductive Material (Great Britain) Regulations 2002,
“the 2015 Regulations” means the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015,
“the Forestry Commissioners” means the Forestry Commissioners referred to in section 1(1) of the Forestry Act 1967.
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Cross-border arrangements: Scottish MinistersCross-border arrangements: Scottish Ministers
3.—(1) The Scottish Ministers may, for the purposes of carrying out the functions specified in paragraph (3), enter into arrangements with any of the persons or bodies mentioned in paragraph (2) for those functions to be exercised by that person or body on behalf of the Scottish Ministers.
(2) The persons or bodies are—
(a)
(a) the Forestry Commissioners,
(b)
(b) the Natural Resources Body for Wales, and
(c)
(c) the Welsh Ministers.
(3) The functions are—
(a)
(a) the Scottish Ministers’ functions under the 2018 Act,
(b)
(b) the Scottish Ministers’ functions exercisable by or under any order made under the 1967 Act,
(c)
(c) the Scottish Ministers’ functions referred to in Article 5(2)(a),
(d)
(d) the Scottish Ministers’ functions under the 2002 Regulations, and
(e)
(e) the Scottish Ministers’ functions under the 2015 Regulations.
(4) An arrangement entered into by virtue of paragraph (1) does not affect the Scottish Ministers’ responsibility for the exercise of their functions specified in paragraph (3).
(5) The functions in paragraph (3) do not include functions of making, confirming or approving subordinate legislation.
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Cross-border arrangements: Forestry CommissionersCross-border arrangements: Forestry Commissioners
4.—(1) The Forestry Commissioners may, for the purposes of carrying out the functions specified in paragraph (2), enter into arrangements with the Scottish Ministers for those functions to be exercised by the Scottish Ministers on behalf of the Forestry Commissioners.
(2) The functions are—
(a)
(a) the Forestry Commissioners’ functions under the Forestry Act 1967,
(b)
(b) the Forestry Commissioners’ functions under the Forestry Act 1979,
(c)
(c) the Forestry Commissioners’ functions exercisable by or under any order made under the 1967 Act,
(d)
(d) the Forestry Commissioners’ functions under the 2002 Regulations, and
(e)
(e) the Forestry Commissioners’ functions under the 2015 Regulations.
(3) An arrangement entered into by virtue of paragraph (1) does not affect the Forestry Commissioners’ responsibility for the exercise of their functions specified in paragraph (2).
(4) The functions in paragraph (2) do not include functions of making, confirming or approving subordinate legislation.
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Renewable energy installationsRenewable energy installations
5.—(1) The Scottish Ministers may, for the purposes of, and in connection with, the carrying out of the functions specified in paragraph (2)—
(a)
(a) promote, develop, construct and operate installations for or in connection with the generation, transmission, distribution and supply of electricity produced from renewable sources, and
(b)
(b) use electricity produced by virtue of the powers conferred by sub-paragraph (a).
(2) The functions are —
(a)
(a) the Scottish Ministers’ functions under section 44 of the Climate Change (Scotland) Act 2009 (duties of public bodies relating to climate change),
(b)
(b) the Scottish Ministers’ functions under section 11 of the 2018 Act (management of forested land),
(c)
(c) the Scottish Ministers’ functions under section 15 of the 2018 Act (management of land further to sustainable development).
(3) In paragraph (1), “renewable sources” means sources other than—
(a)
(a) fossil fuel,
(b)
(b) energy derived from fossil fuel, and
(c)
(c) nuclear fuel.
(4) In paragraph (3), “fossil fuel” means—
(a)
(a) coal,
(b)
(b) lignite,
(c)
(c) peat,
(d)
(d) natural gas (within the meaning of the Energy Act 1976),
(e)
(e) crude liquid petroleum,
(f)
(f) petroleum products (within the meaning of the Energy Act 1976), and
(g)
(g) any substance produced directly or indirectly from a substance mentioned in any of sub-paragraphs (a) to (f).
(5) Nothing in this article is to be construed as exempting the Scottish Ministers from the requirements of Part 1 of the Electricity Act 1989.
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Consequential modificationsConsequential modifications
6. The modifications in the Schedule have effect.
David Mundell
Secretary of State
Office of the Secretary of State for Scotland
Dover House
London
28th March 2019
SCHEDULE
Article 6
SCHEDULE
1
MODIFICATIONS OF PRIMARY LEGISLATIONPART 1
MODIFICATIONS OF PRIMARY LEGISLATION
Forestry Act 1967
3. The Forestry Act 1967is amended as follows.
4. In section 1 (Forestry Commission)—
(a) in subsection (1A)(a), omit “and Scotland”,
(b) in subsection (2), omit “in Scotland,”,
(c) omit subsection (2A),
(d) in subsection (3), omit “in Scotland,”,
(e) in subsection (3A)(a), omit “and, in Scotland, the delivery of the climate change targets”,
(f) in subsection (4), omit paragraph (b) (and the word “and” immediately preceding it),
5. In section 2 (constitution, administration, etc., of Commission)—
(a) in subsection (3), for “committees for England and Scotland respectively” substitute “a committee for England”,
(b) in subsection (4), for “committees” substitute “committee”.
6. In section 3 (management of forestry land)—
(a) in subsection (1), omit “in Scotland placed at their disposal by the Scottish Ministers under this Act or”,
(b) in subsection (2), omit “or a relevant person”.
7. In section 5 (forestry dedication covenants and agreements)—
(a) in the title, omit “and agreements”,
(b) in subsection (1), omit “and the Scottish Ministers as regards Scotland”,
(c) omit subsection (1)(b) (and the word “and” immediately preceding it),
8. In section 6 (requirements for haulage facilities)—
(a) omit subsection (4)(b) (and the word “and” immediately preceding it),
(b) in subsection (5)—
(i) omit “as follows that is to say”,
(ii) omit paragraph (b) (and the word “and” immediately preceding it).
9. In section 7A(1) (incidental powers of Commissioners), omit “land in Scotland or”.
10. In section 8(1)(c) (miscellaneous powers of Commissioners), omit “in Scotland,”.
11. In section 8A (general duty of Ministers), omit from the second “and” to the end.
12. In section 9 (requirement of licence for felling)—
(b) in subsection (6), in paragraph (a) of the definition of “relevant territory”—
13. In section 10 (application for felling licence and decision of appropriate forestry authority thereon)—
(a) in subsection (4)(b), omit “, and the Scottish Ministers as regards land in Scotland”,
(b) in subsection (7), omit “or agreement” in both places where it occurs.
14. In section 12(2) (conditional licences), omit “or agreement” in both places where it occurs.
15. In section 14 (tree-felling in accordance with approved working plan etc.)—
(a) in subsection (1), omit “or agreement”,
(b) in subsection (2), omit “, and the Scottish Ministers as regards the felling of trees in Scotland certify”,
(c) in subsection (5), omit “or agreement”.
16. In section 15 (trees subject to preservation order under Planning Acts)—
(a) in subsection (1A), omit paragraph (b),
(b) in subsection (5A), omit paragraph (b).
17. In section 16 (review of refusal or conditions of licence)—
(a) in subsection (2), omit “, and the Scottish Ministers where the application was to fell trees in Scotland”,
(b) in subsection (2)(a)—
(i) omit “or, as the case may be, the Scottish Ministers”,
(c) in subsection (2)(b), omit “or, as the case may be, the Scottish Ministers”,
(d) in subsection (3), omit “or, as the case may be, the Scottish Ministers”.
18. In section 17A (power of appropriate forestry authority to require restocking after unauthorised felling)—
(a) in subsection (1)—
(i) omit paragraph (b) (and the word “or” immediately preceding it),
(ii) in the text immediately following that paragraph, omit “(in either case)”,
19. In section 17B (appeal against restocking notice)—
(a) in subsection (1), omit “, and the Scottish Ministers where the restocking notice relates to land in Scotland”,
(b) in subsection (1)(a)—
(i) omit “or, as the case may be, the Scottish Ministers”,
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