The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021
| Year | 2021 |
2021 No. 44
Forestry
The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021
Made 26th January 2021
Laid before the Scottish Parliament 28th January 2021
Coming into force 18th March 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 25(3), 77 and 85(2) and (7) of the Forestry and Land Management (Scotland) Act 20181, and all other powers enabling them to do so.
PART 1
Introduction
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 and come into force on 18 March 2021.
(2) In these Regulations, “the 2017 Regulations” means the Forestry (Environmental Impact Assessment) (Scotland) Regulations 20172.
PART 2
Consequential amendments to secondary legislation
Amendment to the Conservation (Natural Habitats, &c.) Regulations 1994
2.—(1) The Conservation (Natural Habitats, &c.) Regulations 19943are amended as follows.
(2) In regulation 3(2) (duties relating to compliance with the Directives), for “the Forestry Act 1967” substitute “the Forestry and Land Management (Scotland) Act 2018”.
(3) In regulation 3A (duties in relation to wild bird habitat)—
(a)
(a) in paragraph (2), omit “the Forestry Commissioners,”,
(b)
(b) in paragraph (4), for “sections 3, 7, 8A, 9, 10, 17A, 39, 40 and 46 of the Forestry Act 1967” substitute “the Forestry and Land Management (Scotland) Act 2018”.
(4) In regulation 3B (review and guidance), in paragraph (3), omit “the Forestry Commissioners,”.
Amendment to the Nature Conservation (Designation of Relevant Regulatory Authorities) (Scotland) Order 2004
3.—(1) The Nature Conservation (Designation of Relevant Regulatory Authorities) (Scotland) Order 20044is amended as follows.
(2) In the schedule (relevant regulatory authorities), omit “The Forestry Commissioners continued in existence by section 1(1) of the Forestry Act 1967”.
Amendment to the Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005
4.—(1) The Land Management Contracts (Menu Scheme) (Scotland) Regulations 20055are amended as follows.
(2) In schedule 2 (general environmental requirements)—
(a)
(a) in Part I (the standards of good farming practice including good animal husbandry), in paragraph 6, for—
(i) “authorisation” substitute “permission”,
(ii) “Forestry Commission” substitute “Scottish Ministers under section 27 of the Forestry and Land Management (Scotland) Act 2018”,
(b)
(b) in Part II (environmental legislation), in paragraph 14 (forestry management), for “The Forestry Act 1967” substitute “The Forestry and Land Management (Scotland) Act 2018”.
Amendment to the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010
5.—(1) The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 20106are amended as follows.
(2) In regulation 4 (procedure and representations), in paragraph (1)(c), for “Forestry Commissioners” substitute “Scottish Ministers”.
(3) In regulation 6 (action after confirmation of a tree preservation order), in paragraph (2)(a), for “Forestry Commissioners” substitute “Scottish Ministers”.
(4) In regulation 7 (action where a tree preservation order is not confirmed), in paragraph (b)(i), for “Forestry Commissioners” substitute “Scottish Ministers”.
(5) In regulation 8 (trees in conservation areas), in paragraph (1)—
(a)
(a) in sub-paragraph (a), for “a felling license granted by The Forestry Commissions under the Forestry Act 1967” substitute “a felling permission granted by the Scottish Ministers under the Forestry and Land Management (Scotland) Act 2018”,
(b)
(b) omit sub-paragraph (e).
Amendment to the Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011
6.—(1) The Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 20117are amended as follows.
(2) In the schedule, under the heading “Ministers”, omit “Forestry Commission (Scotland)”.
Amendment to the Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 2011
7.—(1) The Water Environment (Relevant Enactments and Designation of Responsible Authorities and Functions) (Scotland) Order 20118is amended as follows.
(2) In schedule 1, at the end, insert “The Forestry and Land Management (Scotland) Act 2018”.
(3) In schedule 2, in the table, omit the row relating to the Forestry Commissioners.
Amendment to the Flood Risk Management (Designated Responsible Authorities) (Scotland) Order 2013
8.—(1) The Flood Risk Management (Designated Responsible Authorities) (Scotland) Order 20139is amended as follows.
(2) In article 2 (designated responsible authorities), omit paragraph (b).
Amendment to the Plant Health (Forestry) (Phytophthora ramorum Management Zone) (Scotland) Order 2014
9.—(1) The Plant Health Forestry (Phytophthora ramorum Management Zone) (Scotland) Order 201410is amended as follows.
(2) For “Commissioners”, in each place it occurs in the Order, substitute “Scottish Ministers”.
(3) In article 2(1) (interpretation), omit the definition of “Commissioners”.
(4) In schedule 2 (management zone), in Part 1—
(a)
(a) in entry 6, for “the Forestry Commission owned land”, substitute “the land owned by Scottish Ministers”,
(b)
(b) in entry 8, for “Forestry Commission”, in each place it occurs, substitute “Scottish Ministers’”.
Amendment to the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017
10.—(1) The 2017 Regulations are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) for the definition of “applicant” substitute—
““applicant” means a person applying for EIA consent under regulation 6(1) and includes, for the purposes of screening opinions, scoping opinions, and regulation 17, a prospective applicant,”,
(b)
(b) in the definition of “application website”, for “Commissioners” substitute “Scottish Ministers”,
(c)
(c) omit the definition of “the Commissioners”,
(d)
(d) in the definition of “EIA consent”, omit “or, as the case may be under regulations 30(5)(a) or (b)”,
(e)
(e) in the definition of “register”—
(i) for “Commissioners” substitute “Scottish Ministers”,
(ii) omit paragraphs (c), (e) and (g),
(f)
(f) omit the definition of “scoping direction”,
(g)
(g) in the definition of “scoping opinion”, for “Commissioners” substitute “Scottish Ministers”,
(h)
(h) omit the definition of “screening direction”,
(i)
(i) in the definition of “screening opinion”, for “Commissioners” substitute “Scottish Ministers”.
(3) In regulation 3 (prohibitions relating to EIA forestry projects), in paragraph (2), for “Commissioners” substitute “Scottish Ministers”.
(4) In regulation 5 (environmental impact assessment), for “Commissioners”, in each place it occurs, substitute “Scottish Ministers”.
(5) In regulation 6 (application for EIA consent)—
(a)
(a) in paragraph (1), for “Commissioners” substitute “Scottish Ministers”,
(b)
(b) in paragraph (4) omit—
(i) “or a scoping direction is made”,
(ii) “or scoping direction”,
(c)
(c) in paragraph (7), for “Commissioners”, in each place it occurs, substitute “Scottish Ministers”.
(6) In regulation 7 (determination of applications for EIA consent), for “Commissioners”, in each place it occurs, substitute “Scottish Ministers”.
(7) In regulation 8 (EIA forestry project)—
(a)
(a) in paragraph (1), omit “and to paragraph 4(11) of schedule 4”,
(b)
(b) in paragraph (2)—
(i) in sub-paragraphs (a) and (b), for “Commissioners”, in each place it occurs, substitute “Scottish Ministers”,
(ii) in sub-paragraph (b) at the end insert “ or”,
(iii) omit sub-paragraph (c),
(iv) in sub-paragraph (d), for “(a)...
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