Forestry Act 1967 · GlobalLawDB

Contents

Part I · Forestry and Afforestation in Great Britain

1The Forestry Commission.#

(1)

(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).

(a)

(b)

(2)

(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.

(3)

(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.

(a)

(b)

(3B)Where paragraph (3A) applies, the Committee—

(a)

(b)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

2Constitution, administration, etc., of Commission.#

(1)

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(4)

3Management of forestry land.#

(1)

(a)

(b)

(2)

(3)

(a)

(b)

(4)

3AUse of land in connection with renewable electricity projects#

(1)

(a)

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(5)In this section—• “condition of development” means—(a) a condition to which planning permission is subject, or(b) a requirement contained in an order granting development consent under the Planning Act 2008 (development consent for nationally significant infrastructure);• “English forestry land” means land placed at the disposal of the Commissioners under this Act;• “natural environment”, in relation to land, includes—(a) its plants, animals and other living organisms,(b) their habitats, and(c) its geological features;• “renewable electricity” means electricity produced from sources other than—(a) coal,(b) lignite,(c) peat,(d) natural gas, within the meaning of the Energy Act 1976,(e) crude liquid petroleum,(f) petroleum products, within the meaning of the Energy Act 1976,(g) any substance produced directly or indirectly from a substance within paragraphs (a) to (f),(h) energy derived from any substance within paragraphs (a) to (g), or(i) nuclear fuel;• “renewable electricity development” means development the main purpose of which is the generation, storage, transmission or supply of renewable electricity.

(6)

3BSection 3A: power to require Secretary of State’s consent in certain cases#

(1)

(2)

(a)

(b)

(3)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(a)

(b)

(7)

(a)

(b)

(8)

(9)Where a person making a surrender under regulation D14—

(a)

(b)

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(10)In this regulation—• “calculation year” means the calendar year preceding an obligation year;• “obligation year” means a calendar year in respect of which it is being considered whether a person is subject to data collection obligations alone, or both data collection obligations and data reporting obligations, under these Regulations.

3CRegulations under section 3B: further provision#

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

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

5Forestry dedication covenants ....#

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(4)

6Requirements for haulage facilities.#

(1)

(2)

(3)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

7Prevention of damage by rabbits, hares and vermin.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

7AIncidental powers of Commissioners#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(2)

7AARenewable energy installations#

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

7BDelegation of functions of Commissioners: Scotland#

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

7CDelegation of functions under section 7B: community bodies#

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

8Miscellaneous powers of Commissioners.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(3)

8AGeneral duty of Ministers.#

In performing their functions under this Act the Ministers shall have regard to the national interest in maintaining and expanding the forestry resources of England or (as the case may be) Wales^note....

Part II · ... Power to Control Felling of Trees

Supplementary

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

(1)

(a)

(b)

(1B)The provisions of Schedule 3 shall apply where –

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

28Identification of trees.#

A person authorised by the appropriate forestry authority may take such steps, whether by marking or otherwise, as the appropriate forestry authority consider necessary for identifying trees which are the subject of a felling licence or felling directions, or in respect of which a felling licence has been refused.

29Provisions relating to mortgages ... and settled land.#

(1)

(a)

(b)

(2)

(3)

30Service of documents.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31Determination of matters arising under ss. 11, 14, 21 , 2‍2, 26D, 26E and 26F.#

(1)

(a)

(b)

(2)

32Regulations.#

(1)

(2)

(3)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)The actuary must have regard to the Committee’s funding strategy statement published under regulation 76A.

(a)

(b)

(6)

33Application of Part II to Crown land.#

(1)

(2)

(3)

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

34Meaning of “owner” in Part II.#

(1)

(2)

(a)

(b)

(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.

(a)

(b)

(3)

(4)

35Interpretation of other expressions in Part II.#

In this Part of this Act—• “conservancy” means any area in England and Wales which may for the time being be designated by the appropriate 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;• “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 appropriate legislative authority under this Part of this Act; and • “ 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 section 198 of the Town and Country Planning Act 1990^note... .• “ tree preservation regulations ” means regulations made under section 202A(1) of the Town and Country Planning Act 1990;

36Application of Part II to London.#

This Part of this Act shall not apply to trees standing or growing on land within the area of Greater London other than the outer London Boroughs within the meaning of the ^noteLondon Government Act 1963.

Enforcement of licence conditions and felling directions

24Notice to require compliance with conditions or directions.#

(1)The provisions of this section shall apply if—

(a)any works required to be carried out in accordance with conditions of a felling licence are not so carried out; or

(b)any felling directions given by the appropriate forestry authority are not complied with.

(2)The appropriate forestry authority may give to the person responsible a notice requiring such steps as may be specified therein to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default; and for purposes of this subsection, “the person responsible” is—

(a)in the case of non-compliance with conditions of a felling licence, the person specified in subsection (2A); and

(b)in the case of non-compliance with felling directions, the owner of the trees.

(2A)The person referred to in subsection (2)(a) is—

(a)where the licence relates to land in England or Wales—

(i)the applicant for the licence, if on the date the notice is served he has such estate or interest in the land as is referred to in section 10(1) of this Act; or

(ii)in any other case, the owner of the land.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If after the expiration of the time specified in the notice any steps required by the notice have not been taken, the appropriate forestry authority may, subject to the following section, enter on the land and take those steps.

(4)Without prejudice to the powers of the appropriate forestry authority under the foregoing subsection, a person who without reasonable excuse fails to take any steps required by a notice given to him under this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 5 on the standard scale; and proceedings in respect of such an offence may be instituted within six months of the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

(5)A person who is required by a notice under this section to carry out works or take any steps may carry out those works or take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(6)A notice under this section given by the Commissioners is a local land charge; and for the purposes of the Local Land Charges Act 1975 the Commissioners are the originating authority as respects the charge.

24AFurther notice under section 24 for next estate or interest holders#

(1)Subsection (2) applies where—

(a)a notice has been given to a person under section 24 to require compliance with the conditions of a felling licence in relation to land in England,

(b)steps required by the notice have not been taken, and

(c)before the time specified in the notice has expired, the person ceases to have the estate or interest in the land by reference to which the notice was served.

(2)The Commissioners may give to the next estate or interest holder a further notice under section 24 requiring the steps that were not completed under the notice described in subsection (1) to be completed.

(3)In subsection (2) the “next estate or interest holder” means the person who has an estate or interest in the land as is referred to in section 10(1) immediately after the person referred to in subsection (1) ceased to have the estate or interest referred to in subsection (1)(c).

(4)The reference in subsection (1) to a notice under section 24 includes a notice given under subsection (2).

24BRestocking orders after conviction under section 24 in England#

(1)This section applies where a person has been convicted of an offence under section 24(4) in England in relation to a failure to take steps required by a notice given under section 24 to remedy a default in the case of non-compliance with—

(a)the conditions of a felling licence that relate to the restocking or stocking of land with trees, or

(b)the requirements of a restocking notice.

(2)The court may make a restocking order.

(3)A restocking order is an order that requires the person to take such steps as may be specified therein to be taken within such time as may be so specified—

(a)to restock or stock with trees the land in respect of which the notice under section 24 was given, or such other land as the court considers appropriate, 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 order.

(4)In deciding whether to make a restocking order the court must have regard to—

(a)the interests of good forestry and agriculture and of the amenities of the district to which the restocking order would relate, and

(b)the desirability of promoting the establishment and maintenance of adequate reserves of growing trees in England.

(5)Section 63(3) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to deal with person for breach of order etc) applies in relation to a restocking order.

24CVariation of conditions or suspension or revocation of licence following breach of condition: Wales#

(1)The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that any condition of the licence—

(a)has not been complied with, or

(b)is not being complied with.

(2)But this section does not apply if the condition is one that requires works to be carried out (as to which see section 24).

(3)The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a)a suspension of the felling licence, either in full or in part;

(b)a variation or removal of a condition of the felling licence or an imposition of a new condition;

(c)where the circumstances referred to in subsection (4) apply, a revocation of the felling licence.

(4)The circumstances are that the condition that has not been complied with, or is not being complied with, was imposed for the purpose mentioned in section 10(2)(c).

(5)A notice given under subsection (3) may also make provision—

(a)requiring the person‍ to whom the notice was given to take such steps as may be specified in the notice, and

(b)specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be‍ taken.

(6)A notice given under subsection (3) must—

(a)set out the reasons for giving the notice;

(b)specify the condition that has not been or is not being complied with;

(c)if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d)if the notice varies conditions or revokes the felling licence, specify the date upon which the variation or revocation takes effect;

(e)if the notice suspends the felling licence in part, specify the felling that may continue.

(7)Where a notice given under subsection (3) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a)the expiry of the period specified in the notice‍ in accordance with subsection (6)(c), and

(b)the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(8)The Natural Resources Body for Wales may give a further notice under subsection (7)(b) if it considers that the suspension should be lifted sooner than the‍ end of the period specified in the notice given under subsection‍ (3).

(9)If—

(a)a notice given under subsection (3) requires a person to take steps in accordance with subsection (5)(a), and

(b)those steps have not been‍ taken before the end of the period specified in that notice in accordance with subsection (5)(b),

the Natural Resources Body for Wales may enter on the land and take those steps.

(10)A person who, without reasonable excuse, fails to take any steps required by a notice given under subsection (3) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (9)).

(11)Proceedings in respect of an offence under subsection (10)—

(a)must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b)may not be commenced more than two years after the date of the offence.

(12)A person who is required by a notice under subsection (3) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(13)For the purposes of this sectio‍n, “the person responsible” is—

(a)the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

(b)in any other case,‍ a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

24DNotice to subsequent estate or interest holder requiring steps to be taken#

(1)Subsection (2) applies where—

(a)a notice has been given to a person under section 24C(3) requiring the person to take steps,

(b)steps required by the notice have not been taken, and

(c)before the time specified in the notice (within which those steps must be taken) has expired, the person ceases to have the estate or interest in the land by reference to which the notice was given.

(2)The Natural Resources Body for Wales may give to a person who has such estate or interest in the land as is referred to in section 10(1) a notice—

(a)requiring the steps that were not taken under the notice described in subsection (1) to be taken, and

(b)specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be taken.

(3)A notice given under subsection (2) must set out the reasons for giving the notice.

(4)If steps required by a notice under subsection (2) have not been taken before the end of the period specified in the notice, the Natural Resources Body for Wales may enter on the land and take those steps.

(5)A person who, without reasonable excuse, fails to take any steps required by a notice under subsection (2) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (4)).

(6)Proceedings in respect of an offence under subsection (5)—

(a)must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence;

(b)may not be commenced more than two years after the date of the offence.

(7)A person who is required by a notice under subsection (2) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

(8)The reference in subsection (1) to a notice under section 24C(3) includes a notice given under this section.‍

24ESuspension, amendment or revocation of tree felling licence where no breach of condition: Wales#

(1)The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that felling in accordance with the licence is causing, or is likely to cause, significant harm to—

(a)natural beauty, or

(b)flora, fauna, geological or physiographical features, or natural habitats.

(2)The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following—

(a)a suspension of the felling licence, either in full or in part;

(b)an amendment of the felling licence;

(c)if the Natural Resources Body for Wales considers that amending the felling licence would not prevent the harm that is being caused or is likely to be caused, a revocation of the felling licence.

(3)A notice given under subsection (2) must—

(a)set out the reasons for giving the notice;

(b)specify the harm that felling in accordance with the licence is causing or is likely to cause;

(c)if the notice suspends the felling licence, specify the period for which the licence is to be suspended;

(d)if the notice amends or revokes the felling licence, specify the date upon which the amendment or revocation takes effect;

(e)if the notice suspends the felling licence in part, specify the felling that may continue.

(4)Where a notice given under subsection (2) suspends a felling licence, either in full or in part, the suspension ends with the earlier of—

(a)the expiry of the period specified in the notice‍ in accordance with subsection (3)(c), and

(b)the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph.

(5)The Natural Resources Body for Wales must give a further notice specifying a date under subsection (4)(b) (to bring the suspension to an end) if it considers that felling in accordance with the felling licence (as it would have effect after that date) would neither cause nor be likely to cause the harm specified in the notice that suspended the licence.

(6)For the purposes of this section, “the person responsible” is—

(a)the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1);

(b)in any other case, a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

24FNotices under section 24C(3) or 24E(2) that affect tree preservation orders#

(1)The provisions of this section apply if—

(a)the Natural Resources Body for Wales proposes to give a notice under section 24C(3) or 24E(2) in respect of any trees to which a tree preservation order relates, and

(b)the proposed notice does not meet the emergency criteria.

(2)The emergency criteria are met if the proposed notice makes no provision other than—

(a)provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i)natural beauty, or

(ii)flora, fauna, geological or physiographical features, or natural habitats, or

(b)provision that suspends a felling licence.

(3)Before the Natural Resources Body for Wales gives the proposed notice it must give notice in writing of the proposal to the authority by whom the tree preservation order was made.

(4)If, within the prescribed period, the authority by whom the tree preservation order was made objects to the notice in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers.

(5)If a matter is referred to the Welsh Ministers under subsection (4), the Welsh Ministers may decide to—

(a)grant consent to the giving of the notice, or

(b)refuse to grant consent (in which case the notice cannot be given).

(6)Where the Natural Resources Body for Wales has given notice in writing under subsection (3) to an authority in respect of a proposed notice, the proposed notice cannot be given until—

(a)the period prescribed under subsection (4) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or

(b)if the Natural Resources for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter.

(7)Before deciding whether to grant or refuse consent under subsection (5), the Welsh Ministers must consult—

(a)the Natural Resources Body for Wales;

(b)the authority by whom the tree preservation order was made;

(c)the applicant for the licence if the applicant has such estate or interest in the land as is referred to in section 10(1) or, in any other case, a person who has such estate or interest in the land.

25Appeal against notice under s. 24.#

(1)

(a)

(b)

(2)

(3)

(4)

26Expenses etc. in connection with notices under s. 24 , s. 24C(3) or s. 24D(2).#

(1)If the appropriate forestry authority, in the exercise of their powers under section 24 , section 24C(9) or section 24D(4), enter on land and take any steps required by a notice under either of those sections, they may recover from the person to whom the notice was given any expenses reasonably incurred in connection therewith.

(2)The appropriate forestry authority may remove and either retain or dispose of trees felled by them in the exercise of their said powers, and shall, on a claim made in the prescribed manner by the owner of any trees so removed, pay to him a sum equal to the value of those trees after deducting any expenses reasonably incurred by them in connection with the removal or disposal.

(3)Subject to any express agreement to the contrary, any expenses incurred by a person for the purpose of complying with a notice under section 24, and any sums paid by a person in respect of expenses of the appropriate forestry authority under that section, shall be deemed to be incurred or paid by that person—

(a)where the notice relates to works required to be carried out in pursuance of conditions of a felling licence, for the use and at the request of the applicant for the licence;

(b)where the notice requires compliance with felling directions, for the use and at the request of the person to whom the directions were given.

(4)Any sums recoverable by or from the appropriate forestry authority under this section may be recovered as a simple contract debt.

26AAppeals against notices given under section 24C(3) and 24D(2)#

(1)The following persons have a right to bring an appeal against a notice given under section 24C(3) if the person thinks that any of the grounds set out in subsection (2) applies—

(a)the person to whom the notice was given;

(b)a person who has such estate or interest in the land as is referred to in section 10(1);

(c)the owner of the trees.

(2)The grounds are—

(a)a condition referred to in the notice has been complied with or is being complied with;

(b)suspending or revoking the felling licence is unreasonable or disproportionate;

(c)the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate;

(d)a step specified in the notice is unreasonable or disproportionate;

(e)where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b).

(3)A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate.

(4)An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

26BAppeals against notice given under section 24E(2)#

(1)The following persons have a right to bring an appeal against a notice given under section 24E(2) if the person thinks that any of the grounds set out in subsection (2) applies—

(a)the person to whom the notice was given;

(b)a person who has such estate or interest in the land as is referred to in section 10(1);

(c)the owner of the trees.

(2)The grounds are—

(a)the felling is not causing the harm specified in the notice or is not likely to cause the harm;

(b)suspending or revoking the felling licence is unreasonable or disproportionate;

(c)an amendment to the felling licence is unreasonable or disproportionate;

(d)where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24E(4)(b).

(3)An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

26CFurther provision about appeals brought under sections 26A and 26B#

(1)A request made to the Welsh Ministers under section 26A or 26B must be made in the prescribed manner and within the prescribed period.

(2)A notice given under section 24C(3), 24D(2) or 24E(2) does not take effect until the expiration of the prescribed period and, where a request is made to the Welsh Ministers under section 26A or 26B (as the case may be), until the conclusion of any proceedings in pursuance of the request.

(3)But subsection (2) does not apply (and the notice may take effect immediately) to the extent that—

(a)the notice makes provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to—

(i)natural beauty, or

(ii)flora, fauna, geological or physiographical features, or natural habitats, or

(b)the notice makes provision that suspends a felling licence.

(4)Where a request is made to the Welsh Ministers under section 26A or 26B, the Welsh Ministers must, unless they are of the opinion that the grounds for the request are frivolous, refer the matter to the committee appointed in accordance with section 27.

(5)The committee to whom a matter is referred under this section must, after complying with section 27(3), provide the Welsh Ministers with a report in relation to the reference.

(6)After considering the report, the Welsh Ministers must—

(a)in the case of a request made on the ground in subsection 26A(2)(e) or 26B(2)(d) (suspension should have been ended)—

(i)direct the Natural Resources Body for Wales to give a notice under section 24C(7)(b) or 24E(4)(b) (as the case may be) ending the suspension, or

(ii)give the person who made the request a notice setting out the reasons why a direction under sub-paragraph (i) is not being given;

(b)in the case of any other request, confirm or cancel the notice to which the reference relates.

26DCompensation following receipt of a notice given under section 24C(3)#

(1)If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24C(3), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2)If the notice given under section 24C(3) is cancelled under section 26C(6)(b), compensation is payable—

(a)for any expenses reasonably incurred in connection with the giving of the notice;

(b)for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice.

(3)If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24C(3), compensation is payable—

(a)for any expenses reasonably incurred in connection with the suspension;

(b)for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the suspension.

(4)For the purposes of this section “the relevant person” is—

(a)where compensation is payable for expenses reasonably incurred, and those expenses have been incurred in connection with a requirement to take steps, the person to whom the notice was given;

(b)where compensation is payable for expenses reasonably incurred, and those expenses have been incurred otherwise than in connection with a requirement to take steps, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(c)in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26ECompensation following receipt of a notice given under section 24D(2)#

(1)If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24D(2), the person to whom the notice was given is entitled to compensation in accordance with this section and section 26G.

(2)If the notice given under section 24D(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

26FCompensation following receipt of a notice given under section 24E(2)#

(1)If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24E(2), the relevant person is entitled to compensation in accordance with this section and section 26G.

(2)Compensation is payable for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice under section 24E(2) (regardless of whether an appeal has been brought under section 26B).

(3)If the notice given under section 24E(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

(4)If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24E(2), compensation is payable for any expenses reasonably incurred in connection with the suspension.

(5)For the purposes of this section “the relevant person” is—

(a)where compensation is payable for expenses reasonably incurred, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred;

(b)in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26GCompensation under section 26D, 26E and 26F – further provision#

(1)Compensation under sections 26D, 26E and 26F is recoverable from the Natural Resources Body for Wales.

(2)A claim for compensation under section 26D, 26E or 26F must be made in the prescribed manner and within the prescribed period.

(3)Where a claim for compensation is made under section 26D or 26F for deterioration in the quality of the timber—

(a)if the trees have been felled, no claim may be made after the expiration of one year from the date of the felling;

(b)where a claim is made in reliance on section 26F(2) (depreciation in the value of the trees as a result of the giving of a notice under section 24E(2)), no claim may be made in respect of deterioration occurring more than ten years after the notice was given.

(4)In calculating compensation that is payable under section 26D or 26F—

(a)no account is to be taken of deterioration in the quality of the timber that is attributable to neglect of the trees;

(b)the value of the trees at any time is to be ascertained on the basis of prices current at the date of the claim.

(5)If—

(a)after giving notice under section 24E(2) that amends a felling licence, the Natural Resources Body for Wales notifies the person specified in subsection (6) that it is prepared to further amend the licence under section 10(3A) so that it has the same effect as it had immediately before the licence was amended by the notice given under section 24E(2), or

(b)after giving notice under section 24E(2) that revokes a felling licence, the Natural Resources Body for Wales notifies the person mentioned in subsection (7) that it is prepared to grant a new licence that has the same effect as the licence that was revoked,

then in calculating the compensation that is payable under section 26F(2), no account is to be taken of deterioration occurring after the Natural Resources Body for Wales has notified the relevant person in accordance with this subsection.

(6)For the purposes of subsection (5)(a), the relevant person is—

(a)the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in section 10(1), or

(b)if the applicant no longer has such estate or interest, a person who has such estate or interest.

(7)For the purposes of subsection (5)(b), the relevant person is the person who has such estate or interest in the land as is referred to in section 10(1).

(8)Any question of disputed compensation arising from a claim made under section 26D, 26E or 26F is to be determined in accordance with section 31.

Power of Commissioners to direct felling

18Felling directions.#

(1)

(a)

(b)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

19Restrictions on appropriate forestry authority's power under s. 18.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(3)

(4)

20Review of felling directions.#

(1)

(2)

21Courses open to person adversely affected by felling directions.#

(1)

(2)

(a)

(b)

(3)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(6)

(7)

22Consequences of acceptance by Minister of notice under s. 21#

(1)

(2)

(3)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Proceedings in respect of felling directions.#

(1)

(a)

(b)

(2)

Restriction of felling

9Requirement of licence for felling.#

(1)

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(4)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(6)In this section— • “ electricity operator ” means a licence holder within the meaning of Part I of the Electricity Act 1989 by whom the powers conferred by paragraph 9 (tree lopping) of Schedule 4 to that Act are exercisable; • “ electric line ” and “ electric plant ” have the same meanings as in Part I of the Electricity Act 1989; • “public open space” means land laid out as a public garden or used (otherwise than in pursuance of section 193 of the ^noteLaw of Property Act 1925 or of Part V of the National Parks and Access to the ^noteCountryside Act 1949 or Part I of the Countryside and Rights of Way Act 2000or of Part II or section 48 of the ^noteCountryside (Scotland) Act 1967) for the purpose of public recreation, or land being a disused burial ground;• “quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;• “relevant territory” means—(a) England ^note... where the felling is carried out in England ^note...;(b) Wales where the felling is carried out in Wales;and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point 1·3 metres above the ground level; . . . ^note

10Application for felling licence and decision of Commissioners thereon.#

(1)

(2)

(a)

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.

(3B)Where paragraph (3A) applies, the Committee—

(a)

(b)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)

11Terms of compensation on refusal of licence.#

(1)

(2)

(3)

(a)

(b)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

12Conditional licences.#

(1)

(a)

(b)

(2)

13Deferred decision on application.#

(1)

(2)

(a)

(b)

14Tree-felling in accordance with approved working plan etc.#

(1)

(2)

(3)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Trees subject to preservation order under Planning Acts.#

(1)

(a)

(b)

(a)

(b)

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)The actuary must have regard to the Committee’s funding strategy statement published under regulation 76A.

(a)

(b)

(6)

(7)

(8)

16Review of refusal or conditions of licence.#

(1)

(2)

(a)

(b)

(3)

(4)

(a)

(b)

17Penalty for felling without licence.#

(1)

(a)

(b)

(2)

17APower of Commissioners to require restocking notice after unauthorised felling.#

(1)

(a)

(b)

(a)

(b)

(1B)The provisions of Schedule 3 shall apply where –

(2)

(3)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

17BAppeal against restocking notice.#

(1)

(a)

(b)

(2)

17CEnforcement of restocking notice.#

The provisions of sections 24 (notice to require compliance with conditions or directions), 24A (further notice under section 24 for next estate or interest holders), 25 (appeal against notice under section 24) and 26(1), (3) and (4) (expenses) of this Act shall apply in relation to a restocking notice as they apply in relation to a felling licence; and for the purposes of such application—

(a)references in those sections to a felling licence shall be construed as references to a restocking notice; and

(b)the references in section 24(2A)(a)(i) and 26(3) to the applicant for the licence shall be construed as a reference to the perosn on whom the restocking notice has been served.

Part III · Administration and Finance

Acquisition and disposal of land

39Power of Minister to acquire and dispose of land.#

(1)

(2)

(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.

(3)

(a)

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

40Compulsory purchase of land.#

(1)

(2)

(a)

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(3)

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(6)

(a)

(b)

Advisory bodies

37Advisory committees.#

(1)

(a)

(b)

(2)

(3)

(a)

(b)

38Composition etc. of advisory committees.#

(1)

(1B)The provisions of Schedule 3 shall apply where –

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance, accounts and annual report

41Forestry Fund.#

(1)

(2)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(3)

(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.

(4)

(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(6)

(7)

(a)

(b)

(7)

(8)

(a)

(b)

(9)Where a person making a surrender under regulation D14—

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

(11)

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

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

43Satisfaction of certain contingent liability to Crown Estate.#

(1)

(a)

(b)

(2)

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

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

45 #

(1)

(2)

(3)

(4)

Part IV · General

46Appropriate legislative authority's power to make byelaws.#

(1)

(2)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3)

(a)

(b)

(4)

(4A)In paragraph (4), “net weekly income” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.

(4B)In the case of a newly qualifying member paragraph (4A) applies as if for “30th November 2007” there was substituted “6th February 2009”.

(4C)In the case of the Agreement No. 2 qualifying member, the denominator is—

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(6)

47Provisions supplementary to s. 46 for New Forest and Forest of Dean.#

(1)

(2)

(3)

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48Powers of entry and enforcement.#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)

(3)

49Interpretation.#

(1)In this Act—• “the appropriate forestry authority” has the meaning given by section 1(1A);• “the appropriate legislative authority” means—(a) the Commissioners, in relation to England ^note... ;(b) the Welsh Ministers, in relation to Wales;• “the Commissioners” means the body known as “The Forestry Commissioners”;• “forestry dedication covenant” has the meaning assigned to it by section 5;• “ the Minister ” means, except as provided by ^note ... Schedule 1 ^note , the Secretary of State ^note as respects England and the Secretary of State as respects Wales; • “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the ^noteNational Trust Act 1907, and “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the said Act of 1907 or section 8 of the ^noteNational Trust Act 1939;• “National Trust for Scotland” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the ^noteNational Trust for Scotland Order Confirmation Act 1935, and “held inalienably”, in relation to land belonging to that Trust, means that the land is inalienable under section 22 of that Order.• ^note...

(2)

(3)

50Transitional provisions, repeals and savings.#

(1)

(2)

(3)

51Short title and extent.#

(1)

(2)

Schedule 1 · The Forestry Commission and its Staff

Part I · Administration

The Commissioners

(1)

(2)

(1)

(2)

(3)

(4)

(1)

(2)

(5)

(1)

(2)

Staff

(6)

(1)

(2)

Committees appointed under section 2(3)

(7)

(1)

(2)

(3)

Supplementary

(8)

(8A)

Part II · Superannuation of Forestry Commissioners and Commission Staff

(9)

(1)

(2)

(3)

(4)In this paragraph—• “domestic violence” has such meaning as may be prescribed;• “exempt period” means a period of 13 weeks beginning no later than a prescribed period after the date (or last date) on which the domestic violence was inflicted or threatened.

(10)

(1)

(a)

(b)

(2)

(3)

(11)

(12)

(13)

(13A)

Schedule 2 · Conveyancing and Other Provisions connected with Forestry Dedication

England and Wales

(1)

(2)

(3)

(4)

(2)

(3)

(a)

(b)

Scotland

(4)

Schedule 3 · Proceedings under Town and Country Planning Acts in relation to Tree Preservation Orders

(1)

(2)

(2A)

(1)

(2)

(a)

(b)

(3)

(3A)

(4)

Schedule 4 · Procedure for Acquisition of Land under s. 39 by Agreement

England and Wales

(1)

(2)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(3)

(a)

(b)

Scotland

(2)

Schedule 5 · Compulsory Purchase

Part I · Procedure for making Compulsory Purchase Orders

(1)

(2)

(1)

(a)

(b)

(1A)In this paragraph and paragraph 8, a person’s “gross earnings” are his taxable profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.

(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

(3)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(3)

(1)

(2)

(3)

(4)

(5)

(6)

(6A)

(6B)

(6C)

(6D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II · Validity and Operation of Compulsory Purchase Orders

(7)

(1)

(a)

(b)

(2)

(2A)For the purposes of this paragraph, “earnings” means the employment income and the income from self-employment of the non-resident parent and the other person referred to in sub-paragraph (2), as determined for the purposes of their entitlement to working tax credit.

(2B)The appropriate national authority must serve the notice mentioned in sub-paragraph (1) on any person who, if Schedule 1 to the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under paragraph 3 of that Schedule (notice to owners, lessees and occupiers).

(2C)The notice must—

(a)

(b)

(2D)The statement referred to in sub-paragraph (2C)(a) must be the same as the relevant statement prescribed under paragraph 6(4)(e) of Schedule 1 to the Acquisition of Land Act 1981, subject to any necessary modifications.

(2E)The form mentioned in sub-paragraph (2C)(b) must be the same as the relevant form prescribed under paragraph 6(4)(f) of Schedule 1 to the Acquisition of Land Act 1981, subject to any necessary modifications.

(2F)The appropriate national authority must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.

(2G)For the purposes of sub-paragraphs (2D) and (2E), a statement or a form is “relevant” if it was prescribed by the appropriate national authority which has to serve it.

(2H)In this paragraph, the “appropriate national authority” means—

(a)

(b)

(3)

(8)

(1)

(a)

(b)

(2)

(a)

(b)

(3)In this paragraph—• “leading scheme” and “main schemes” have the meanings given in regulation 2 of those regulations; and• “surplus funds” has the meaning given in regulation 6 of those regulations.

(9)

(10)

Part III · Procedure for Acquisition of Land by Compulsory Purchase

England and Wales

(11)

(1)

(2)

(a)

(b)

(3)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(4)

(12)

Scotland

(13)

(14)

Schedule 6 · Transitional Provisions

(1)

(2)

(3)

(4)

(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(2)

(3)

(4)

(1)

(2)

(3)

(5)

(6)

(3)

(4)

Contains public sector information licensed under the Open Government Licence v3.0.