The Regulatory Reform (Forestry) Order 2006

JurisdictionUK Non-devolved
CitationSI 2006/780
Year2006
(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 1967.
  • After section 7 of the 1967 Act insert—
      (7A) Incidental powers of Commissioners
    • (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) form, or participate in the forming of, a body corporate;
    • (b) invest in a body corporate;
    • (c) provide loans;
    • (d) establish a charitable trust; or
    • (e) act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.
  • form, or participate in the forming of, a body corporate;invest in a body corporate;provide loans;establish a charitable trust; oract, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust.The powers contained in subsection (1) (b) and (c) shall be exercisable only with Treasury approval.(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.
    .
    The Commissioners may exploit any intellectual property or intangible assets arising from the carrying out of any activity referred to in subsection (1) (b) .”Intellectual property” for the purpose of subsection (2) includes any patent, trademark, copyright, design right, registered design or plant breeder’s right.(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.
    it appears to the Commissioners that he has committed an offence in England and Wales under section 17 of this Act, orhe is convicted in Scotland of an offence under that section,(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.
    to restock or stock with trees the land or such other land as may be agreed between the Commissioners and him; andto 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”.(1) Section 24 of the 1967 Act (notice to require compliance with conditions or directions) is amended as follows.(2) In subsection (2) (a) for “the owner of the land” substitute “the person specified in subsection (2A) ”.(3) After subsection (2) insert—
    • (2A) The person referred to in subsection (2) (a) is—
    • (a) where the licence relates to...

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