Regulation 9 Saving: tree felling in accordance with an approved working plan – felling licence refused before the appointed dayI1

Scotland

(1)

Where paragraph (2) applies, the provisions referred to in paragraph (3) continue to have effect, subject to the modifications in paragraph (4), on and after the appointed day, as they did immediately before that day.

(2)

This paragraph applies where—

(a)

an application for a felling licence related to the felling of trees in accordance with an approved plan of operations or other working plan was refused under section 14(2) of the 1967 Act, and

(b)

the applicant—

(i)

served a notice requiring the appropriate forestry authority to buy the trees specified in the notice under section 14(3) of the 1967 Act before the appointed day, or

(ii)

serves a notice requiring the Scottish Ministers to buy the trees specified in the notice under section 14(3) of that Act before the expiry of the period referred to in regulation 6 of the 1979 Regulations.

(3)

The provisions are—

(a)

sections 14, 30, 31, 34, 35, 48 and 49 of the 1967 Act,

(b)

regulations 1, 3 and 6 and schedule 1 of the 1979 Regulations.

(4)

The modifications are—

(a)

section 14 of the 1967 Act is to be read as if—

(i)

the second reference in subsection (3) to “the appropriate forestry authority” were a reference to “the Scottish Ministers”,

(ii)

the reference in subsection (4)(b) to “the appropriate forestry authority” were a reference to “the Scottish Ministers”, and

(iii)

subsection (5) were omitted,

(b)

section 30 of the 1967 Act is to be read as if the reference to “the appropriate forestry authority” were a reference to “the Scottish Ministers”,

(c)

section 48 of the 1967 Act is to be read as if—

(i)

the references in subsection (1A)(a) to “the Commissioners” were references to “the Scottish Ministers”,

(ii)

subsection (2) were omitted, and

(iii)

the reference to “the appropriate forestry authority” in subsection (3) were a reference to “the Scottish Ministers”,

(d)

regulation 6 of the 1979 Regulations is to be read as if the reference to “the Conservator” were a reference to “the Scottish Ministers”,

(e)

Form 3 in schedule 1 of the 1979 Regulations is to be read as if—

(i)

the reference to “the Commissioners” were a reference to “the Scottish Ministers”, and

(ii)

the reference to “the Conservator, Forestry Commission” were a reference to “the Scottish Ministers”.

Annotations

Commencement

I1: Reg. 9 in force at 1.4.2019, see reg. 1(1)