The Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019

JurisdictionScotland
CitationSSI 2019/125

2019 No. 125

Forestry

The Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019

Made 28th March 2019

Coming into force 1st April 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 77(1) and (2) of the Forestry and Land Management (Scotland) Act 20181and all other powers enabling them to do so.

In accordance with section 76(2)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019.

(2) These Regulations come into force on 1 April 2019.

S-2 National Parks and Access to the Countryside Act 1949

National Parks and Access to the Countryside Act 1949

2.—(1) The National Parks and Access to the Countryside Act 19492is amended as follows.

(2) For section 16(5)(c) (agreements for management of nature reserves in Scotland and Wales) substitute—

“(c)

“(c) an agreement under this section [to which an owner or limited owner of land or a trustee acting under paragraph (b) is a party] may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of Scottish Natural Heritage against any person having an interest in the land and against any person deriving title from that person:

Provided that such an agreement shall not be enforceable against any third party who shall have in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party;”.

S-3 Agriculture Act 1967

Agriculture Act 1967

3.—(1) The Agriculture Act 19673is amended as follows.

(2) For section 52(2)(g) (control of afforestation) substitute—

“(g)

“(g) to planting required as a condition—

(i) imposed on the granting of planning permission under the Town and Country Planning (Scotland) Act 1997 or the Town and Country Planning Act 1990,

(ii) attached to a felling licence granted, or having effect as if granted, under the Forestry Act 1967, or

(iii) imposed on a felling permission, felling direction, restocking direction, registered notice to comply, remedial notice or registered remedial notice under the Forestry and Land Management (Scotland) Act 2018,”,

(3) In section 57(1) (interpretation of Part III), in the definition of “the appropriate forestry authority” for “and”, where it first appears, substitute “, the Scottish Ministers in relation to”.

S-4 Countryside Act 1968

Countryside Act 1968

4.—(1) The Countryside Act 19684is amended as follows.

(2) In section 15 (areas of special scientific interest) for subsection (6) substitute—

S-6

“6 This section shall apply to Scotland subject to the following modifications—

(a) for subsections (4) and (5) substitute—

“(4) An agreement entered into under this section affecting land in Scotland may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of Scottish Natural Heritage against any person having an interest in the land and against any person deriving title from that person:

Provided that such an agreement shall not be enforceable against any third party who has in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party.

(5) In the case of land in Scotland, a liferenter in possession of the land shall have the power to enter into agreements under this section relating to, or to any part of, the land.”, and

(b) after subsection (5), insert—

“(5A) The Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general powers of trustees) there were included a power to enter into agreements under this section relating to the trust estate or any part thereof.””.

S-5 Roads (Scotland) Act 1984

Roads (Scotland) Act 1984

5.—(1) The Roads (Scotland) Act 19845is amended as follows.

(2) In section 46 (agreements for use of land for cattle-grids or by-passes)—

(a)

(a) for subsection (3) substitute—

S-3

“3 An agreement under this section may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of the roads authority against any person having an interest in the land and against any person deriving title from that person:

Provided that such an agreement shall not be so enforceable against any third party who has in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party.”,

(b)

(b) after subsection (3) insert—

S-4

“4 In the case of land in...

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