OpenLegislation

Section 27 Committees of reference for purposes of ss. 16, 20, 21 , 25, 26A, 26B and 26C.X1F1F18

Wales

(1)

References in sections 16, F217B, 20, 21 F3, 25, 26A, 26B and 26C of this Act to a committee appointed in accordance with this section are to a committee consisting of—

(a)

a chairman appointed by the Minister F4in relation to cases where the trees are, or the land is, in F5England or Wales F6... ; and

(b)

two other members selected by the Minister F7... from a panel of persons appointed by him, after such consultation as is provided for below, for the conservancy in which the trees are growing:

F8But this is subject to subsections (1A) and (1B).

(F91A)

The members of a committee appointed in relation to a case concerning trees or land in England F10... shall not include any Forestry Commissioner or employee of the Commissioners.

(1B)

The members of a committee appointed in relation to a case concerning trees or land in Wales shall not include any member or employee of the Natural Resources Body for Wales.

(2)

The consultation required by subsection (1)(b) above is to be with—

(a)

the regional advisory committee for the said conservancy; and

(b)

organisations appearing to the Minister F11... to represent the interests of owners of woodlands and timber merchants respectively; and

(c)

organisations concerned with the study and promotion of forestry.

(3)

On any reference being made to them under this Part of this Act a committee appointed in accordance with this section shall—

(a)

afford to the person concerned with the subject-matter of the reference an opportunity of appearing before them and of making representations to them on the matter in question;

(b)

if they think fit, or are so required by the said person, inspect the trees or land to which the reference relates; and

(c)

take into consideration any information furnished to them by the F12appropriate forestry authority as to the performance within the conservancy in which the trees are growing of their duty of promoting the establishment and maintenance F13... of adequate reserves of growing trees.

For purposes of this subsection “the person concerned with the subject-matter of the reference” is the person at whose request the reference was made, except that in the case of a reference by the Minister F14... of a notice under section 21 it is the person by whom the notice was given.

(4)

The Minister may pay to the members of a committee appointed by him under this section such remuneration as he may, with the consent of the Treasury F15as regards England F16... , determine.

F17(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))

F2

Words inserted by Forestry Act 1986 (c. 30, SIF 54), s. 1(b)

F3

Words in s. 27(1) substituted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(5)(b), 56(1)(a); S.I. 2023/1092, art. 3(a)

F4

Words in s. 27(1)(a) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(22)(a)

F5

Words in s. 27(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 67(2)(a) (with Sch. 7)

F6

Words in s. 27(1)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 27(a)(i); S.S.I. 2019/47, reg. 2

F7

Words in s. 27(1)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 27(a)(ii); S.S.I. 2019/47, reg. 2

F8

Words in s. 27(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 67(2)(b) (with Sch. 7)

F9

S. 27(1A)(1B) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 67(3) (with Sch. 7)

F10

Words in s. 27(1A) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 27(b); S.S.I. 2019/47, reg. 2

F11

Words in s. 27(2)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 27(c); S.S.I. 2019/47, reg. 2

F12

Words in s. 27(3)(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 67(4) (with Sch. 7)

F13

Words in s. 27(3)(c) omitted (1.7.1999) by virtue of S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(9)

F14

Words in s. 27(3) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 27(d); S.S.I. 2019/47, reg. 2

F15

Words in s. 27(4) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(22)(c)

F16

Words in s. 27(4) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 67(5) (with Sch. 7)

F17

S. 27(4A) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 27(e); S.S.I. 2019/47, reg. 2

F18

Words in s. 27 heading substituted (18.8.2023 for specified purposes, 1.4.2024 in so far as not already in force) by Agriculture (Wales) Act 2023 (asc 4), ss. 44(5)(a), 56(1)(a); S.I. 2023/1092, art. 3(a)

Editorial notes

X1

S. 27: Unreliable margin note

Notes on Part II

Textual amendments

F1

Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)