The Regulatory Reform (Forestry) Order 2006
| Year | 2006 |
2006 No. 0780
REGULATORY REFORMFORESTRY
The Regulatory Reform (Forestry) Order 2006
Made 15th March 2006
Coming into force in accordance with article 1(1)
Whereas:
(a) the Secretary of State for Environment, Food and Rural Affairs (“the Secretary of State”) has consulted—
(i) such organisations as appeared to her to be representative of interests substantially affected by her proposals for this Order,
(ii) the Forestry Commission,
(iii) the National Assembly for Wales, and
(iv) such other persons as she considered appropriate;
(b) following the consultation mentioned in recital (a) the Secretary of State considered it appropriate to proceed with the making of this Order;
(c) a document setting out the Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 20011and the period for Parliamentary consideration under section 8 of that Act has expired;
(d) the Secretary of State had regard to the representations made during that period and in particular to the 8th Report of Session 2005-06 of the Delegated Powers and Regulatory Reform Committee of the House of Lords2and the First Report of Session 2005-06 of the Regulatory Reform Committee of the House of Commons3;
(e) a draft of this Order was laid before Parliament with a statement giving details of those representations;
(f) the draft was approved by resolution of each House of Parliament;
(g) the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise;
(h) this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—
(i) the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and
(ii) the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made.
Now therefore the Secretary of State, in exercise of the powers conferred upon her by section 1 of the Regulatory Reform Act 2001, makes the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Regulatory Reform (Forestry) Order 2006 and shall come into force on the day after the day on which it is made.
(2) In this Order “the 1967 Act” means the Forestry Act 19674.
Incidental powers of Forestry Commissioners
2. After section 7 of the 1967 Act insert—
“Incidental powers of Commissioners
7A.—(1) For the purpose of the exercise of their functions under this Act so far as relating to land in England and Wales, or for the purpose of the exercise of their functions under section 8(1)(b) of this Act, the Commissioners may—
(a)
(a) form, or participate in the forming of, a body corporate;
(b)
(b) invest in a body corporate;
(c)
(c) provide loans;
(d)
(d) establish a charitable trust; or
(e)
(e) act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.
(2) The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval.”.
Miscellaneous powers of Forestry Commissioners
3.—(1) Section 8 of the 1967 Act is amended as follows.
(2) Renumber the existing provision as subsection (1).
(3) After that subsection insert—
“2 The Commissioners may exploit any intellectual property or intangible assets arising from the carrying out of any activity referred to in subsection (1)(b).
3 ”Intellectual property” for the purpose of subsection (2) includes any patent, trademark, copyright, design right, registered design or plant breeder’s right.”.
Power of Forestry Commissioners to require restocking after unauthorised felling
4.—(1) Section 17A of the 1967 Act (power of Commissioners to require restocking after unauthorised felling) is amended as follows.
(2) For subsection (1) substitute—
“1 The Commissioners may serve a notice under this section (a “restocking notice”) on a person where—
(a) it appears to the Commissioners that he has committed an offence in England and Wales under section 17 of this Act, or
(b) he is convicted in Scotland of an offence under that section,
and (in either case) he has such an estate or interest in the land in question as is mentioned in section 10(1) of this Act.”.
(3) After subsection (1) insert—
“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 Commissioners 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.”.
(4) In subsection (2) after “A restocking notice” insert “which relates to land in Scotland”.
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