The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019

JurisdictionUK Non-devolved
CitationSI 2019/734

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 19981.

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 extent

Citation, 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 20182comes 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.

S-2 Interpretation

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 19673,

the 2002 Regulations” means the Forest Reproductive Material (Great Britain) Regulations 20024,

“the 2015 Regulations” means the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 20155,

“the Forestry Commissioners” means the Forestry Commissioners referred to in section 1(1) of the Forestry Act 19676.

S-3 Cross-border arrangements: Scottish Ministers

Cross-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 Wales7, 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.

S-4 Cross-border arrangements: Forestry Commissioners

Cross-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 19798,

(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.

S-5 Renewable energy installations

Renewable 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)9,

(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)10,

(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 198911.

S-6 Consequential modifications

Consequential 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 LEGISLATION

PART 1

MODIFICATIONS OF PRIMARY LEGISLATION

New Forest Act 1964

New Forest Act 1964

SCH-1.1

1. The New Forest Act 196412is amended as follows.

SCH-1.2

2. In section 14(3) (expenses), omit “or in Scotland”.

Forestry Act 1967

Forestry Act 1967

SCH-1.3

3. The Forestry Act 196713is amended as follows.

SCH-1.4

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),

(g) omit subsection (6).

SCH-1.5

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”.

SCH-1.6

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”.

SCH-1.7

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),

(d) omit subsection (3).

SCH-1.8

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).

SCH-1.9

9. In section 7A(1) (incidental powers of Commissioners), omit “land in Scotland or”.

SCH-1.10

10. In section 8(1)(c) (miscellaneous powers of Commissioners), omit “in Scotland,”.

SCH-1.11

11. In section 8A (general duty of Ministers), omit from the second “and” to the end.

SCH-1.12

12. In section 9 (requirement of licence for felling)—

(a) in subsection (4)(d), omit “, or under the Town and Country Planning (Scotland) Act 1997”, and

(b) in subsection (6), in paragraph (a) of the definition of “relevant territory”—

(i) omit “and Scotland”,

(ii) omit “or Scotland”.

SCH-1.13

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.

SCH-1.14

14. In section 12(2) (conditional licences), omit “or agreement” in both places where it occurs.

SCH-1.15

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”.

SCH-1.16

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).

SCH-1.17

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”,

(ii) omit “or they are”,

(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”.

SCH-1.18

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)”,

(b) omit subsection (2).

SCH-1.19

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...

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