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Section 35 Interpretation of other expressions in Part II.

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1In this Part of this Act—

  • “conservancy” means any area in F2England and Wales which may for the time being be designated by the F3appropriate forestry authority as a conservancy for the purpose of the performance of their functions;

  • “felling” includes wilfully destroying by any means;

  • “felling directions” means directions given by theappropriate forestry authority under section 18 of this Act for the felling of trees;

  • “felling licence” means a licence under this Part of this Act authorising the felling of trees;

  • F4“mortgage” includes any charge for securing money or money’s worth, and references to a mortgagee are to be construed accordingly;

  • “prescribed” means prescribed by regulations made by the F5appropriate legislative authority under this Part of this Act; and

  • F6 “ restocking notice ” shall be construed in accordance with section 17A(1) of this Act;

  • “tree preservation order” means an order made or having effect as if made under F7section 198 of the Town and Country Planning Act 1990 F8... .

  • F9 “ tree preservation regulations ” means regulations made under section 202A(1) of the Town and Country Planning Act 1990;

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Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional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 in s. 35 substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 33(a); S.S.I. 2019/47, reg. 2

F3

Words in s. 35 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 71(2) (with Sch. 7)

F4

Words in s. 35 substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 33(b); S.S.I. 2019/47, reg. 2

F5

Words in s. 35 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 71(3) (with Sch. 7)

F6

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

F7

Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2, para. 14(2)

F8

Words in s. 35 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. 33(c); S.S.I. 2019/47, reg. 2

F9

Words in s. 35 inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 5 (with s. 226); S.I. 2012/601, art. 2(a)