The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019

This Order may be cited as the Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019.

This Order comes into force on the day on which section 81 of the Forestry and Land Management (Scotland) Act 2018^f1 comes into force.

Article 5 extends to Scotland only.

Any modification made by the Schedule has the same extent as the provision being modified.

The Scottish Ministers may, for the purposes of carrying out the functions specified in paragraph (3), enter into arrangements with any of the persons or bodies mentioned in paragraph (2) for those functions to be exercised by that person or body on behalf of the Scottish Ministers.

The persons or bodies are—

The functions are—

An arrangement entered into by virtue of paragraph (1) does not affect the Scottish Ministers’ responsibility for the exercise of their functions specified in paragraph (3).

The functions in paragraph (3) do not include functions of making, confirming or approving subordinate legislation.

The Forestry Commissioners may, for the purposes of carrying out the functions specified in paragraph (2), enter into arrangements with the Scottish Ministers for those functions to be exercised by the Scottish Ministers on behalf of the Forestry Commissioners.

The functions are—

An arrangement entered into by virtue of paragraph (1) does not affect the Forestry Commissioners’ responsibility for the exercise of their functions specified in paragraph (2).

The functions in paragraph (2) do not include functions of making, confirming or approving subordinate legislation.

The Scottish Ministers may, for the purposes of, and in connection with, the carrying out of the functions specified in paragraph (2)—

The functions are —

In paragraph (1), “renewable sources” means sources other than—

In paragraph (3), “fossil fuel” means—

Nothing in this article is to be construed as exempting the Scottish Ministers from the requirements of Part 1 of the Electricity Act 1989^f3.

in subsection (1A)(a), omit “and Scotland”,

in subsection (2), omit “in Scotland,”,

omit subsection (2A),

in subsection (3), omit “in Scotland,”,

in subsection (3A)(a), omit “and, in Scotland, the delivery of the climate change targets”,

in subsection (4), omit paragraph (b) (and the word “and” immediately preceding it),

omit subsection (6).

in subsection (3), for “committees for England and Scotland respectively” substitute “a committee for England”,

in subsection (4), for “committees” substitute “committee”.

in subsection (1), omit “in Scotland placed at their disposal by the Scottish Ministers under this Act or”,

in subsection (2), omit “or a relevant person”.

in the title, omit “and agreements”,

in subsection (1), omit “and the Scottish Ministers as regards Scotland”,

omit subsection (1)(b) (and the word “and” immediately preceding it),

omit subsection (3).

omit subsection (4)(b) (and the word “and” immediately preceding it),

in subsection (5)—

in subsection (4)(d), omit “, or under the Town and Country Planning (Scotland) Act 1997”, and

in subsection (6), in paragraph (a) of the definition of “relevant territory”—

in subsection (4)(b), omit “, and the Scottish Ministers as regards land in Scotland”,

in subsection (7), omit “or agreement” in both places where it occurs.

in subsection (1), omit “or agreement”,

in subsection (2), omit “, and the Scottish Ministers as regards the felling of trees in Scotland certify”,

in subsection (5), omit “or agreement”.

in subsection (1A), omit paragraph (b),

in subsection (5A), omit paragraph (b).

in subsection (2), omit “, and the Scottish Ministers where the application was to fell trees in Scotland”,

in subsection (2)(a)—

in subsection (2)(b), omit “or, as the case may be, the Scottish Ministers”,

in subsection (3), omit “or, as the case may be, the Scottish Ministers”.

in subsection (1)—

omit subsection (2).

in subsection (1), omit “, and the Scottish Ministers where the restocking notice relates to land in Scotland”,

in subsection (1)(a)—

in subsection (1)(b), omit “or, as the case may be, the Scottish Ministers”,

in subsection (2), omit “or, as the case may be, the Scottish Ministers” in both places where it occurs.

in subsection (1)(b), omit “or agreement”,

in subsection (1)(c), omit “or agreement”,

in subsection (3), omit “, and the Scottish Ministers where the felling direction was given in respect of trees in Scotland”.

omit “, and the Scottish Ministers where the felling direction was given in respect of trees in Scotland”,

omit “or, as the case may be, the Scottish Ministers”,

omit “or they are”.

in subsection (2), omit “, and the Scottish Ministers where the felling direction was given in respect of trees in Scotland”,

in subsection (2)(b), omit “or, as the case may be, the Scottish Ministers”,

in the words following paragraph (b) of subsection (2), omit “or, as the case may be, the Scottish Ministers” in each place where it occurs,

in subsection (3), omit “or, as the case may be, the Scottish Ministers”,

in subsection (4), omit “or, as the case may be, the Scottish Ministers”,

in subsection (5)—

in subsection (6), omit “or, as the case may be, the Scottish Ministers”,

in subsection (7), omit “a tree preservation order, or under”.

in subsection (1), omit “or, as the case may be, the Scottish Ministers”,

in subsection (4), omit “or, as the case may be, the Scottish Ministers”,

in subsection (4)(a), omit “or, as the case may be, the Scottish Ministers”,

in subsection (5), omit “or section 39(1) of the Land Compensation (Scotland) Act 1963”.

in subsection (1)—

in subsection (2), omit “or the Scottish Ministers”,

in subsection (3), omit “or, as the case may be, the Scottish Ministers”,

in subsection (4), for “or, as the case may be, the Scottish Ministers and he or they” substitute “and who”.

in subsection (1)—

in subsection (1A), omit “or Scotland”,

in subsection (2)(b), omit “or, as the case may be, the Scottish Ministers”,

in the words following subsection (3)(c), omit “or, as the case may be, the Scottish Ministers”,

omit subsection (4A).

in the title, omit “, heritable securities”,

omit subsection (2).

in subsection (1), omit paragraph (b) (and the word “and” immediately preceding it),

omit subsection (2).

in subsection (3), omit “, or as regards Scotland (but not both)”,

omit subsection (5),

omit subsection (6).

in subsection (4), omit “and the Scottish Ministers”,

in subsection (5)(a), omit “or the relevant person”.

in the definition of “conservancy”, for “Great Britain” substitute “England and Wales”,

for the definition of ““mortgage” and “heritable security”” substitute ““mortgage” includes any charge for securing money or money’s worth, and references to a mortgagee are to be construed accordingly”,

in the definition of “tree preservation order”, omit “or section 160 of the Town and Country Planning (Scotland) Act 1997”.

in subsection (1)—

in subsection (2)—

in subsection (3)—

omit subsection (5),

in subsection (6), omit “or the Scottish Ministers acquire”.

in subsection (1), omit “and the Scottish Ministers”,

in subsection (2)(c), omit sub-paragraph (ii) (and the word “and” immediately preceding it),

in subsection (3), omit “or agreement”,

in subsection (3)(a), omit sub-paragraph (ii) (and the word “and” immediately preceding it),

in subsection (5), omit “and the Scottish Ministers’”.

omit subsection (4),

in subsection (6), for “subsections (8) and (10)” substitute “subsection (8)”,

omit subsections (10) and (11).

omit subsections (1), (2) and (4),

in subsection (3), omit “other than such proceedings as regards Scotland”.

in the definition of “the appropriate legislative authority” omit “and Scotland”,

for the definition of “forestry dedication covenant” and “forestry dedication agreement” substitute ““forestry dedication covenant” has the meaning assigned to it by section 5,”, and

omit the definition of “relevant person”.

in paragraph 2—

in paragraph 3—

in paragraph 4, for the words “paragraphs 5 and 6B”, substitute “paragraph 5”,

in paragraph 5, omit “or, as the case may be, the Scottish Ministers” in both places where it occurs,

omit paragraphs 6 to 6D,

in paragraph 8, in sub-paragraph (3)—

omit paragraphs 13 and 14.

in subsection (1)—

omit subsection (3).

The Plant Varieties and Seeds Tribunal Rules 1974^f1 are amended as follows.

In rule 2 (interpretation), in the definition of “respondent authority” after sub-paragraph (a)(ii) insert—

“(iii)

the Scottish Ministers, where the appeal is made against their decision.”.

In Schedule 1, in the introductory words to Form 8, after “[Forestry Commissioners]” insert “[Scottish Ministers]”.

In paragraph 1(c) of Form 8, after “[Forestry Commissioners] insert “[the Scottish Ministers]”.

Regulation 37 (audible warning instruments) of the Road Vehicles (Construction and Use) Regulations 1986^f1 is amended as follows.

After paragraph (5)(c) insert—

“(ca)

owned by the Scottish Ministers for the purposes of their functions under the Forestry and Land Management (Scotland) Act 2018 and used from time to time for the purposes of fighting fires,”.

Regulation 3(2) (interpretation) of the Road Vehicles Lighting Regulations 1989^f1 is amended as follows.

In the table, in the definition of “Emergency vehicle”, in column 2, after paragraph (da) insert—

“(db)

a vehicle owned by the Scottish Ministers for the purposes of their functions under the Forestry and Land Management (Scotland) Act 2018 and used from time to time for the purposes of fighting fires,”.

The Schedule to the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999^f1 is amended as follows.

In the table, omit the entries in columns 1 and 2 for the Forestry Commissioners.

The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999^f1 is amended as follows.

In Schedule 1 (cross-border public authorities) omit “Forestry Commissioners”.

Schedule 12 (Forestry Commissioners) is revoked.

The Forest Reproductive Material (Great Britain) Regulations 2002^f1 are amended as follows.

In regulation 2 (interpretation)—

In regulation 5 (demarcation of regions of provenance in respect of certain basic material)—

In regulation 6 (establishment and maintenance of the National Register)—

In regulation 7(11) (approval of basic material for use in the production of forest reproductive material) for sub-paragraph (b) substitute—

“(b)

the Scottish Ministers, in relation to basic material located in Scotland,

(c)

the Commissioners, in relation to basic material located in England.”.

In regulation 11(4) (collection of forest reproductive material) for sub-paragraph (b) substitute—

“(b)

the Scottish Ministers, in relation to the collection, production or marketing of forest reproductive material in Scotland,

(c)

the Commissioners, in relation to the collection, production or marketing of forest reproductive material in England.”.

In regulation 16 (registration of suppliers of forest reproductive material)—

In regulation 17(1)(c) (forest reproductive material which may be marketed)—

In regulation 18(1) (licences) in sub-paragraphs (a) and (b) omit “or Scotland”.

After regulation 18 insert—

“Licences: Scotland

18A.

(1)

The Scottish Ministers may authorise a registered supplier by licence to—

(a)

market forest reproductive material in Scotland which would otherwise be prohibited under regulation 17(1), or

(b)

import into Scotland forest reproductive material which would otherwise be prohibited under regulation 25A.

(2)

The licence shall be in writing and may be granted—

(a)

subject to conditions,

(b)

for a definite or an indefinite period.

(3)

The Scottish Ministers may give an authorisation under paragraph (1)(a) or (b) only—

(a)

if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for genetic conservation purposes,

(b)

if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes, or

(c)

in exercise of a derogation permitted by the Directive.

(4)

The Scottish Ministers may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5)

If the Scottish Ministers decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.”.

In regulation 25 (prohibition against imports of forest reproductive material into England or Scotland from third countries) omit “or Scotland” in each place where the words occur in paragraphs (1), (2), (3) and (4).

After regulation 25 insert—

“Prohibition against imports of forest reproductive material into Scotland from third countries

25A.

(1)

No person may import forest reproductive material into Scotland from a third country for the purpose of marketing it unless—

(a)

it has been produced in an EU-approved third country or a permitted third country,

(b)

it is permitted material, and

(c)

the requirements set out in Schedule 13 are met on entry.

(2)

A person intending to import permitted material into Scotland from an EU-approved third country or a permitted third country shall notify the Scottish Ministers of the arrival of the material at least three days before the intended date of its arrival into Scotland.

(3)

The notification to the Scottish Ministers shall be—

(a)

in writing, and

(b)

contain the following details in relation to the material:—

(i)

its anticipated point of entry into Scotland, and

(ii)

its anticipated date and time of arrival into Scotland.

(4)

After the permitted material has been imported into Scotland, the owner of that material may apply to the Scottish Ministers for a Master Certificate in relation to the material.

(5)

If the Scottish Ministers are satisfied that the requirements set out in Schedule 13 have been met in relation to the permitted material, the Scottish Ministers shall issue a Master Certificate for the material to its owner.

(6)

In the case of permitted material from an EU-approved third country, a Master Certificate issued under paragraph (5) shall—

(a)

be based on the OECD Certificate of Provenance, and

(b)

indicate that the material has been imported under an equivalence regime.

(7)

In this regulation, “OECD Certificate of Provenance” and “permitted material” have the meanings given in paragraph 2 of Schedule 13.”.

In regulation 26 (keeping and production of documents)—

In regulation 27(1) (powers to inspect and take samples) after “the Commissioners” insert “, the Scottish Ministers”.

In regulation 32 (appeals)—

The Plant Health (Export Certification) (Forestry) (Great Britain) Order 2004^f1 is amended as follows.

In article 2 (interpretation)—

The Plant Health (Forestry) Order 2005^f1 is amended as follows.

In article 2 (general interpretation)—

In article 2A (inspectors)—

In article 6 (advance notification of landing)—

In article 8(1) (exceptions from certain prohibitions and requirements) after “Article 6(1)” insert “and (1A)”.

In article 18 (prohibitions and restrictions on landing tree pests and relevant material)—

In article 24 (registers of forestry traders)—

In article 30(7) (examination, sampling and marking) after “as the case may be,” insert “the Scottish Ministers or”.

In article 32(5) (actions which may be taken by an inspector) after “as the case may be,” insert “the Scottish Ministers or”.

In article 36(2) (failure to comply with a notice) after “the Commissioners” insert “, the Scottish Ministers”.

In article 40 (notification of the presence or suspected presence of certain tree pests)—

In article 42A (power to share information for the purposes of the Order)—

The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006^f1 is amended as follows.

In article 2 (interpretation)—

In Schedule 2, in the form of certificate, after “FC SEAL”, before the Appendix, insert—

“[[or, as appropriate]

Signed on behalf of the Scottish Ministers

……]”.

Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009^f1 is amended as follows.

In the entry for the Forestry Commission, in columns 2 and 3, omit “or Scotland”.

Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010^f1 is amended as follows.

In the entry for the Forestry Commission, in column 2, after “in England” omit “or Scotland”.

Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011^f1 is amended as follows.

In the entry for the Forestry Commission, in columns 2 and 3, after “in England” omit “or Scotland”.

The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “plant passport authority”, after “Forestry Commissioners” insert “or the Scottish Ministers”.

In regulation 3 (fees)—

Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015^f1 is amended as follows.

In the entry for the Forestry Commission, in column 2, omit “or Scotland”.