FORESTRY ACT 1967(1967 c 10)

ARRANGEMENT OF SECTIO[\iS

P.\RT I

FORESHV .\~O AHOREST.\TIO~ 1:-0 GRE.H BRIT.\I."

SectionI Forestrv Couuuisvion.., Consnrunon, ~dnlll\islr~tl'lIl,etc, ot' COIIIIIII\\llln

3 Managemcn: oflore~lrY l~nJ .5 Forestry dedication covenants and agreements6 Requirements tor haulage faciliries .7 Prevention ofdamage by rabbirs.Iures and verminS Miscellaneous powers otCornmissioners

SA General Jury of Ministers

P.\RT II

COMM1SSIOSERS' POWER TO CO:-O:TROl FULISC OF TREES

Restriction lJ./ Fel/iug

9 Requirement oilicence tor ielling. . . . . .10 Application for telling licence and decision olComrnissicners thereonII Terms of COlllPCIIS;lt\UII "II reiusJI <Ii licence

FOHESTny ACT 1%7 .'i.'i7------------------------------------

\2lJI~

151617

17A17817C

Conditional licencesDeterred decision on applicJ(/(lI1Tree-telling in accordance with approved working plan etc.Trees subject to preservation order under Planning ActsReview or" refusal or conditions of licence .Penalty lor Ii:Uing wirhour iiceuce .Power ofCommissioners 10 require restocking after unauthorised fdlingAppeal against restocking noticeEnforcement of restocking notice

Power of Commissioners 10 tiirea.!i·/ling

18 Felling directions19 Restr icrions on Commissioners' power under s 1820 Review at tdling directions21 Courses open to person adversely arfecrcd by telling directions22 Consequences of acceptance by Minister oi notice under s 2I2} Proceedings in respect oi telling directions .

EI~forcellletil of [iallce COIIJiriollS ,1IId fe/illig directions

2~ Notice to require compliance with conditions or directions25 Appeal again\[ notice under s 2426 Expenses etc in connection with notices under, 24

.'I"I'I'/'·/It'·'II.II)'

27 Committees of reference tor purposes otss Ii>.20. 21. 252~ ldenrificanon of trees29 Provisions relating to mortgages, heruable securities and setrled land30 Service ot'documenn31 Determination of matters arising under ss II. 14.2 I and 2232 Regulations33 Application 01-Part II to Crown land34 Meaning ol'''owner'' HI Pare II35 Interpretation of other expressions in Part Il36 Applicanon 01' Part II to london

P.\RT 111

AO~II:-;JSTR.HIO:-; .\:-;0 FI:-;.\~C:E

Adl'isory Bodies

37 Conumrtces to advise COJllIII l"loner,.'X (:'lInp",itton etc or' .idvrvorv couunirtccx

AC'l14isiriol"lIId Jispos.r/of/olld

39 Power of Minister to acquire and dispose ofland .~I) Compulsory purchase otland .

Fillal/Te, llCCOllllrs and .11/111"1/ report

41 Foresrrv Fund42 Finance oi land acquisition, management, etc43 Saustacrion ot certain contingent liabilirv to Crown E,IJle~~ Anuual accounts o(CmumimOllCrs .45 Annual '<"porrby Conunissroncrs

5~2

SiDSaJ,Sol58E>SiloSil,5kHSilH5~9

59\592

FOHESTHY ACT 1%7 557----------------

121J1~

151617

17A17B17C

Conditional licencesDeterred decision on application . . . .Tree-felling in accordance with approved working plan etc.Trees subject to preservation order under Planning AcesReview or" retusal or condirior» o{ licence .Penalty tor telling without licence .Power of Commissioners to require restocking atrer unauthorised ti:l1ingAppea' against restocking noticeEntorcernent ot' restocking notice

Power OfCOllllllissiollers 10 dirwJt'i1illg

\8 Felling directions19 Restncrions on COllJmissioners'power under s \ 820 Reviewal' felling dirccnons21 Courses open to person adversely affected by telling directions22 Consequences oiacceptance by Minister at nut icc under s 21 .23 Proceedings in respect or' Idling Jireccions .

E40rwllelll oflicetlce conditions .1IIdfe/lilig direcuous

2~ Norice to require compliance with conditions or directions25 Appeal against notice under s 2~

26 Expensesetc in connection with notices under s 2~

S/lI'I,If/II'·II/.,I')'

27 Committees of reference lor purposes of ss 16.20.21. 252li ldentificarion of trees29 Provisions relating to mortgages. heritable securities and settled land30 Service ofdocuments31 Determination of matters arising under ss II. 14.21 Jnd 2232 Regulations33 Application of Part II to Crown land3~ Meaning or"..iwner.. in Part II35 lnrerpretarion of other expressions in Part 1136 Applicanon 01' Parr II to London

P.\RT III

Aa.\l/x,sTR.Hlo:-,: .\:-;D FI:-':.\:-;CE

AJl'ilory Bodies

37 Conururrces to ad VI\<' CO/llIII '\\I<lnt·r.'-'X Cl\/Ilpll\illllll etc ,,".10\'1\01\' r ommlttl·e\

AcquisitiON ,/liddispoSJI of laNd

39 Power of Minister to acquire and dispose of land.~I) Compulsory purchase of land .

Finance, IlCCOIlIltS andJIIIII",1 rrport

41 Foresrrv Fund~2 Fillanc~ at land acquisirion. management. etc,0 Saristacrion ot cerram contingent liability to Crown Estate~4 Annual accounts otConuu isslOllers .45 Annual report by COlIIllUSSl<lllerS

5HI'31il31\1

558 VOl 18 FORESTRY

PART IV

GENERAL

46 Commissioners' power to make byelaws . .47 • Provisions supplementary [Q s 46 for New Forest and Forest of Dean48 Powers oiencry and enforcement .49 Interpretation .50 Transitional provisions. repeals and savings51 Short title and extent

ScHEDULES

Schedule I-The Forestrv Commission and irs stJrf . '"Schedule 2-Conveyanci'ng and other provisions connected with torestrv dedication.Schedule 3-Proceedings under Town and Country Planning Acts in relation to tree

preservation oeders, ..,..Schedule 4-Procedure for acquisition of land under s 39 by agreement .Schedule 5-Compulsory purchaseSchedule 6-Transitional provisionsSchedule 7-Repc:als and savings .

An Act to consolidate the Forestry ActS 1919 to 1963 with corrections ,lIIdimproveinents »under the Consolidation ofEnactments (Procedure) Act 1949 [22 March 19

Northern Ireland, TIllS Act does 110{ apply: sec: s 51(2) pmt.

P,"HT I

FOHESTRY ..\ND Af/'OUESTATION IN GIlE..\T UIHT:\IN

1 Forestry Commission

(1) The Forestry Commissioners constituted under the Forestry Acts 1919 to 1shall continue in existence and are in this Act referred to as "the Commissioners",

(2) The Commissioners shall be charged with the general duty of promotinginterests of forestry. the development of afforestation and the production and supptimber and other forest products in Great Britain and in that behalf shall havepowers and duties conferred or imposed on them by this Act.

(3) The Commissioners' general duty includes that of promoting the establishrand maintenance in Great Britain of adequate reserves of growing trees.

[(3A) In discharging their functions under the Forestry Acts 1967 to 197~

Commissioners shall. so far as may be consistent with the proper discharge of !

functions. endeavour to achieve a reasonable balance between-

(a) the development of afforestation. the management of forests ancproduction and supply of timber. and

(b) the conservation and enhancement ofnaturaJ beauty and rhe conservariflora. fauna and geological or physiographical features of special interest

(4) The Commissioners shall, in exercising their functions under this Act. JIlC

exercising their powers under the Plant Health Act 1967 (which enables them toorders for the control of timber pests and diseases). comply with such directions a'be given to them by the Ministers.

(5) Directions given by the Ministers for purposes of the foregoing subscctiotbe given by them jointly. except in so t:lr JS they make arrangements that this subsshall not apply,

FORESTRY :K'T 1967 ;.> SS9

NOTESSub-s (3A) was inserted by the Wildlife and Countryside Act 1985. s-l.Great Britain. le England. Scotland and Wales; see the Union with Scotland Act 1706, preamble. Art I.

Vol 10. title Constitutional Law (Pt I). as read with the Interpretation Act 1978. s 22(1). Sch 2. para 5(.,).Vo141, title Statutes.

Advisory committees. For provisions as to advisory committees, see ss 37,38 post.Definitions. For "the Minister", see s 49(1) post. Nore as to "the Commissioners", sub-s (I) above.Forestry Acts 1919 to 1945. le the Forestry Act 1919. the Forestry (Transfer of Woods) Act 1923. the

Foresrry Act 1927 and the Forestry Act 1945. All these Acts were repealed by s 50. Sch 7. Pt I post.Forestry Acts 1967 to 1979. It is thought that the Acts referred to are the Forestrv Act 1967 (this Act),

and the Forestry Act 1'179 post.Plant Health Act 1967. See Vol I. title Agriculrure (Pr 2).

2 Constitution. administration, etc., ofCommission

(1) The Commissioners shall consist of a chairman and not more than [ten] othermembers appointed by Her Majesty by warrant under the sign manual to be ForestryCommissioners.

(2) Of the persons for the time being appointed to be Forestry Commissioners-

(a) at least three shall be persons who have special knowledge and experience offorestry;

(b) at least one shall be a person who has scientific attainments and a technicalknowledge of forestry; and

(f) at least one \11;111 be a person who ha~ 'ipecial knowledge and expcr icncc oftllL'timber trade.

(.3) The Commissioners shall by order .ippoinr COlllIII itrccs for En~LlIld. Scorl.md .1I1dWales respeccively, whose membership shall consist pardr of persons who are ForL'srryCommissioners or officers of the Commissioners and partly of persons, not exceedingthree in number, who are not Forestry Commissioners or officers of the Commissioners;and the Commissioners may delegate. subject to such restrictions or conditions as theythink fit. any of their functions to a committee so appointed.

(4) Part I ofSchedule 1 to this Act shall have etfect with respect to the Commissioners,their staff, proceedings and other related matters and to the committees appointed undersubsection (3) of this section; and Parr II of that Schedule shall have effect with respectto the superannuation of Forestry Commissioners and officers employed by rheCommissioners.

NOTESThe word in square brackets in sub-s (I) was subsrirured by the Forestry Act 1981. s 5.The Commissioners. le the Forestry Commissioners; see s ~9(1) pos!.Thinks fit. Srarurory powers are otren conferred in subj"etin; terms. the compet"11l aurhorrrv belllg

entitled to act. eg, when it "thinks fit". or when it is "sarisfied" or it "appears" to it that a prescribed ;lJ!e ofJtfairs exists. but the inherent jurisdiction ofthe COUrtS to determine whether such powers have been exceededis not readily ousted by the use of such language; see further I(I) Halsbury'v Laws (4th edn reissue) para 21.

3 Management of forestry land

(I) The Commissioners may manage. plant and otherwise lise. for the purpose of theexercise of their functions under this Act. any land placed at their disposal by theMinister under this Act. and-

(a) the power of the Commissioners under this subsection to manage and lise allvland shall, without prejudice to the generality of that power. include powerto erect buildings or execute works on the land;

560 VOL 18 FORESTRY

(b) any timber produced on land so placed at the Commissioners' disposal shallbelong to the Commissioners.

(2) The Commissioners may undertake the management or supervision. upon suchterms and subject to such conditions as may be agreed upon. or give assistance or advicein relation to the planting or management, of any woods or forests belonging to anyperson. including woods and forests under the management of the Crown EstateCommissioners or under the control of a government department, or belonging to alocal authority.

(3) The Commissioners may-

(a) purchase or otherwise acquire standing timber, and sell or otherwise disposeofany timber belonging to them or, subject to such terms as may be mutuallyagreed, to a private owner, and generally promote the supply, sale, utilizationand conversion of timber;

(b) establish and carryon, or aid in the establishment and carrying on, ofwoodland industries.

(4) In this section the expression "timber" includes all forest products.

NOTESExercise of their functions. The Commissioners' functions under sub-s (\) include J right to plant. care

for and manage trees in the interests oi amenity: see the Countryside Act 1968. s 24(1) post. III consideringthe meaning of the expression "amenity" H used in the Housing. Town Planning, &c. Act 1909 (repealed).Scrutron LJ, in Re Ellisand Ruislip-Northu-ood Urb'lII Coullcil \ \ 9201 \ KB 343 Jt 370.83 JP 273 consideredthat it appeared to mean "pleasant circumstances, or features. advantages".

Land placed at their disposal, etc. See s 39(1) post. Cf also the 1I0tC "Deemed to have been placed" toSch6 post.

The Commissioners may on land placed at their disposal by the Minister provide the: tacilities andequipment specified in the Countryside Act 1%8, s 23(2) post. or arrange for or assist in such provision: sees 23(1), (2) of that Act post. Bys 23(5) of the 1968 Act post. the Countrvside Commission may act as agentsfor the Commissioners in their exercise of the above powers.

Crown Estate Commissioners. Ie the Commissioners referred to in the Crown Estate Act 1961, s I,VoI10, title Constitutional Law (Pt 2); see the Interpretation Act 1978. s 5. Sch I. Vol41, tide Statutes.

Definitions. For "the Commissioners" and "the Minister", sees 49(1) post.

4 (Repealed by theForestry Act 1979, S 3(2), Sth 2.)

5 Forestry dedication covenants and agreements

(1) The provisions of this section shall have effect with a view [Q allowing land to bedevoted to forestry by means of agreements entered into with the Commissioners. beingagreements to the effect that the land shall not, except with the previous consent inwriting of the Commissioners or, in the case of dispute, under direction of the Minister,be used otherwise than for the growing of timber or other forest products in accordancewith the rules or practice of good forestry or for purposes connected therewith; and inthis Act-

(a) "forestry dedication covenant" means a covenant ro the said effect enteredinto with the Commissioners in respect ofland in England or Wales withoutan intention being expressed contrary to the application of section 79 of theLaw of Property Act 1925 (under which covenants relating to land are,unless the contrary is expressed, deemed to be made on behalf of thecovenantor, his successors in rirle and pl.'rsons deriving rirlc under him orthem); and

(b) "forestry dedication agreement" means an agreement to the said effect enteredinto with the Commissioners in respect of land in Scotland by a person whois the proprietor thereof for his own absolute use or is empowered by thissection to enter into the agreement.

fORESTRY ACT 1967 s 6 561

(2) Where land in England or Wales is subject to a forestry dedication covenanc,-

(a) the Commissioners shall, as respects the enforcement of the covenant againstpersons other than the covenantor, have the like rights as if they had at allmaterial times been the absolute owners in possesssion of ascertained landadjacent to the land subject to the covenant and capable of being benefited bythe covenant, and the covenant had been expresed to be for the benefit of thatadjacent land: and

(b) section 84 of the Law of Property Act 1925 (which enables the LandsTribunal to discharge or modify respective covenants) shall not apply to thecovenant.

(3) (Applies to Scotia lid ollly.)(4) Schedule 2 to this Act shall have effect to empower limited owners, trustees and

others to enter into forestry dedication covenants or agreements and to provide formatters arising on their doing so.

NOTESGeneral Note, This section facilitates the carrying into operation oi a scheme by which landowners are

to receive grants from the Commissioners at specified rates and loans in return for entering into forestrydedication covenants. for further particulars of this scheme and forms oi Deed oi Covenant. see the forestryCommission Booklet No 2 "Dedication of Woodlands; Principles and Procedure" 4th edn, issued by HerMajesty's Stationery Office (1956). See also the forestry Commission Booklet No 7 "The Plan of Operarions,A Guide to the Preparation of the Plan of Operations ior Dedicated and Approved Woodlands" 2nd edn,issuedby Her Majesty's Stationery Office (1966).

Writing. Unless the contrary inrenrion appears this includes other modes of representing or reproducingwords in a visible form; see the Interpretation Act 1978. s 5. Sch 1. Vol 41. title Statutes.

Forestry dedication covenant. A forestry dedication covenant is registrable under the Land ChargesAct 1972. s 2, Vol 37. title Real Property (P: I). as a land charge Class D. Unless registered in the appropmteregister before the completion of the purchase. such a land charge is void as against J purchaser of a legalestate in the land for money or money's worth; see s 4(6) of that Act. This does not apply to registered land;see s 14(1) of that Act, However. notice of a forestry dedication covenant may be entered under the LandRegistration Act 1925. s 50. Vol 37. title Real Property (Pt 2). Seealso ss 52.59(6) of that Ace. Apart fromthe question of registration or entry of notice. such a covenant will be permanently enrorceable by theForestry Commissioners against the covenantor and his successors in title since it is negative in character andthe assumptions nude by sub-s (2) satisfy the requirements lor the enforcement of a restrictive covenantagainst persons other than the original covenantor; see .'vfaT'1I1W of Zetland I' Driver (193911 Ch 1 at 8.(1938) 2 All ER t 58 at 161. CA. and 42 Halsbury's Laws (4th edn) para 344.

The prescribed forms of deed of covenant further contain covenants on the part oi the landowner whichare positive in form. eg that in the management ofhis lands he will observe a plan of operations approved bythe Commissioners. In the event of breach of the provisions of such a plan. the land may be subject tocompulsory purchase under s 40 post; see sub-s (3) thereof; but seealso sub-s (2) thereof

England; Wales. For meanings. see the Interpretation Act 1978. s 5. Sch I. Vol 41. title Statutes.Where land, etc. Sub-s (2) applies. where the burden of the covenant runs with the land, to restrictions

imposed by an agreement under the National Parks and Access to the Countryside Ace 1949. s 16, Vol 32.title Open Space. and Historic Buildings (Pt I); see sub-s (4) thereof in conjunction with Sch 6. para 1(-I)post.

Control ofatforestation under the Agriculture Act 1967. for provisions as to control otarforesrarionunder the Agriculture Act 1967 and exemption therefrom oi. inter alia. land which is subject to a toresrrvdedication covenant or J toresrrv dedication agreement within the meaning 0[' this section. see s 52 of thatAct. Vol I, title Agriculture (Pt 1).

Tree preservation order. No tree preservation order may be made in relation to land 10 respect oiwhich a loresrry dedication covenant is in Iorce; see the To ...... n and Country Planning Act 1990. s 200. Vol46. title Town and Country Planning.

Definitions. For "the Commissioners" and "the Minister". sees 49(1) post. Note as to "forestry dedicationcovenant" and "foresrrv Jcdicarion agreement", sub-s (1)(a). (IJ) above.

Law ofPropcrty Act 1925,5579.84. Scc VIl137.litle Rcul Properrv (Pr I).

6 Requirements for haulage facilities

(1) The provisions of this section shall have effect where the Commissioners are ofopinion that insufficient facilities exist for the haulage of timber trom an y wood orforest to a road. railway or waterway.

FORESTRY ACT 1967 s 6 561

(2) Where land in England or Wales is subject to a forestry dedication covenam,-(a) the Commissioners shall, as respects the enforcement of the covenant against

persons other than the covenantor. have the like rights as if they had at allmaterial times been the absolute owners in possesssion of ascertained landadjacent to the land subject to the covenant and capable of being benefited bythe covenant. and the covenant had been expresed to be for the benefit of rharadjacent land; and

(b) section 84 of the Law of Property Act 1925 (which enables rhe LandsTribunal to discharge or modify respective covenants) shall not apply to thecovenant.

(3) (Applies to Scoria lid ollly.)(4) Schedule 2 to this Act shall have effect to empower limited owners, trustees and

others to enter into forestry dedication covenants or agreements and to provide formatters arising on rheir doing so.

NOTES

General Note. This section facilitates the carrying into operation of a scheme by which landowners areto receive grants from the Commissioners at specified rates and loans in return for entering into forestrydedication covenants. For further particulars of this scheme and forms of Deed of Covenant. see the ForestryCommission Booklet No 2 "Dedication of Woodlands: Principles and Procedure" 4th edn, issued by HerMajesty's Stationery Office (1956). See also the Forestry Commission Booklet No 7 "The Plan of Operations.A Guide to the Preparation of the Plan of Operations for Dedicated and Approved Woodlands" 2nd edn,issued by Her Majesty's Stationery Office (1966).

Writing. Unless the contrary intention appears this includes other modes of representing or reproducingwords in a visible form: see the Interpretation Act 1978. s 5. Sen 1. Vol 41. tide Statutes.

Forestry dedication covenant. A forestry dedication covenant is registrable under the land ChargesAct 1972. s 2. Vol 37. tide Real Property (Pt I). as a land charge Class D. Unless registered in the approprlJteregister before the completion of the purchase. such a land charge is void as against a purchaser of a legalestate in the land lor money or money's worth: see s 4(6) of that Act. This does not apply to registered land:see s 14(1) of that Act. However. notice of a forestry dedication covenant may be entered under the landRegistration Act 1925. s SO. Vol 37. title Real Properry (Pr 2). See also ss 52. 59(6) oi that Act. Apart frornthe question of registration or entry of notice. such a covenant will be perrnanenrlv enforceable by theForestry Commissioners against the covenantor and his successors in tide since it is negative in character andthe assumptions made by sub-s (2) satisiy the requirements lor the enforcement of a restrictive covenantagainst persons ocher than the original covenantor; see Marquess of Zrtland I' Driver (1939) 1 Ch 1 at 8.(1938) 2 All ER 158 at 161. CA. and 42 Halsbury's laws (4th edn) para 344.

The prescribed terms of deed of covenant further contain covenants on the part of the landowner whichare positive in form, eg that in the management of his lands he will observe a plan of operations approved bythe Commissioners. In the event of breach of the provisions oi such a plan. che land may be subject cocompulsory purchase under s 40 post: see sub-s (3) thereof: but see also sub-s (2) thereof.

England i Wales. For meanings. see the Interpretarion Act 1978. s 5. Sch I. Vol 41. tide Statutes.Where land, etc. Sub-s (2) applies. where the burden of the covenant runs with the land. to restrictions

imposed by an agreement under the National Parks and Access ro the Countryside Act 1949. s 16. Vol 32.tide Open Spaces and Historic Buildings (Pt I): see sub-s (4) thereof. in conjunction with Sch 6. para 1(4)post.

Control ofatforestation under the Agriculture Act 1967. For provisions as to control otatforesrarionunder the Agriculture Act 1967 and exemption therefrom 01. inter alia. land which is subject to a toresrrvdedication covenant or a forestry dedication agreement within the meaning of this section. see s 52 oi thatAct. Vall. tide Agriculture (Pr I).

Tree preservation order. No tree preservation order may be made in relation to land In respect ofwhich a forestry dedication covenant is in force: see the Town and Country Planning Act 19<)0. s ZOO, Vol46. tide Town and Country Planning.

Definitions. For "the Commissioners" and "[he Minister", see s 49(1) pm!. Note as to "forestry dedicationcovenant" and "foresrrv dedication agreement". sub-s (1 )(a). (ll) above.

Law of Property Act 1925. S.5 79, 84. S.:t· Vol 37.litle Ilt'J) Property (1'[ I).

6 Requirements for haulage facilities

(1) The provisions of this section shall have effect where the Commissioners are ofopinion that insufficient facilities exist for the haulage of timber trorn any wood orforest to a road, railway or waterway.

562 VOL l~ I'OHE~THY

(2) Subject to the following subsections, the Commissioners may. where thev are ofthe said opinion. make an order that the owner and occupier of any land shall afford thenecessary facilities. subject to pJynH:nr by the person in whose tavour the order is madeof reasonable rene or wayleave and of compensation for any damage caused by thehaulage. and the owner or occupier shall thereupon comply with the order.

(3) The Commi~sionersshall not make an order under this section uncil the personproposed to be required to give the said facilities has had an opportunity of being heard.

(4) A person aggrieved by an order made under this section may appeal therefrom tothe Minister in such manner and upon such conditions. if any, as may be prescribed bythe Minister, who may thereupon revoke or vary the order.

(5) The amount of rent or wayleave and compensation lor damage which is payablein consequence of an order made under [his section shall. in default of agreement. beassessed as follows that is to say-

(a) in a case relating to England and Wales. by a single arbitrator appointed bythe President of the Royal Institution of Chartered Surveyors; and

(b) (applies to Scotlandollly).

NOTES

Person aggrieved. The meaning at a "person aggrieved" mav vary substantiallv according to the contextand where, .IS in this instance, the statute does not define the classes of p<:rsom lJlling into the category ofpersons aggrieved the COUll will have to consider the purpose tor which the right at appeal has been granted.There have been decisions on the meaning of "person aggrieved" in ;/ number of statutes and the erfecr atthese is summarised in 1(I) Halsburv's Laws (4th edn reissue) para 56; see aha :3 Words and Phrases (3rd edn)360.361, and C~~k I' S~II/"mJ BC 1199011 All ER 243, CA.

Revoke or vary. The express power ro vary or revoke orders II necessary because the lurerpretation Act1978, \ 14. Vol 41. title Statutes. docs not extend [0 powers to make such insrrumenrs contained in Actspassed betore 1 January 1979: Ice s 22( 1) ut'. and Sell 2. para 3 to. that Act.

England; Wales. See the note to s 5 ante.Definitions. For "the Commissioners" and "the Minister", Ice I 49(1) post. and tor "prescribed", see s 35

pas I.

Regulations under this section. No regulauons had been made tor the purposes at' this section lip to

1 April 1991. and there arc none. which. by virtue ots 50( I). Sch 6. para I (I) pose, have erfecr for thepurposes of sub-s (4) above.

7 Prevention of damage by rabbits, hares and vermin

(1) The provisions of this section shall have effect where the Commissioners aresatisfied that trees or tree plants are being, or are likely to be. damaged by rabbits, haresor vermin owing to the failure of an occupier of land to destroy sufficiently the rabbits.hares or vermin on land in his occupation. or otherwise to take steps for the preventionof damage by them.

(2) The Commissioners may. where they are so satisfied. authorise in writing anycompetent person to enter on the land and kill and take the rabbits. hares or verminthereon; but before doing so shall first give to the occupier and owner of the land suchopportunity as the Commissioners think reasonable of destroying the rabbits. hares orvermin. or of taking steps (or the prevention of the damage,

(3) The Commissioners may recover from the occupier of the land the net costincurred by them in connection with action taken by them under the foregoingsubsection.

A sum recoverable under rim subsection shall. in England or Wales, be recoverablesummarily as a civil debt.

(4) Anyone who obstructs J person authorised by the Commissioners in the dueexercise of his powers or dunes under subsection (2) above shall be liable on summary

conviction co J fine not exceeding [level 2 on the standard scale]. but the personauthorised shalt. itso required. produce his authorirv.

(5) For purposes of this secrion-s-

('1) the person entitled co kill rabbits. hares or vermin on any common land shallbe deemed to be the occupier of the land; and

(b) the expression "vermin" includes squirrels.

NOTES

The reference to level 2 Oil the standard sole In sub-s (4) is substitured by virtue of the Crrnunal JusticeAct 1982. s 46, Vol 27. ride Magisrrares. The maximum fine was previously increased ro £50 by theCriruinal Law Act 1977, s 31 (6).

Damage by r abbirs, ere. Cf also al to the prevention of damage by rabbits, etc. the Agriculture Act1')47., 'H\. Vol r. title t\~nculrure (Pt I).

Writing; England; Wales. Sec {hc' /lOIC" (0' S untc.Kill alld rake, ere, For rcsrncuons 011 thc' tue of spflng trap', ICC the I'CICl Ad 1')54. " H. '). Vol 2. ur!c

Animals. See also as to the usc of pOison in rabbit hales. rhe Prevenriou ot Damage by Rabbirs An 1'.I3Y. s 4.Vol 2. ride Animals. and as 10 the exclusion of that Acr in relation to Greater London other than the outerLondon boroughs. s 6(3) 01that Act, Vol 2. title Animals. in conjunction with the London Government Acr1963. s 4(4). Vol 26. ride London.

Summarily as a civil debt. By rhe Magisrrares' Courts Acr 1980. s 58(1). Vol 27. ride MagIstrates. amagisrrares' court has power ro make an order an complaint tor the payment of any money which isrecoverable summarily JS a civil debt, and by s 127(1) 01thar Act. the complaint may nor be heard unless itwas made within six months from the tune when the matter of complaint arose.

Obstructs. Obstruction need nor involve physical violence; sec, in particular. Barra'" v Howland (1896)74 LT 787.Jnd Hillcld!fff v ShdJo,,{1955j3 All ER 406. [1955J I WLR 1207.1n Iacr there IS aurhoriry forlaying th:l! anyrhmlo: which makes it more ditficult for a person ro carry our his dmy amounts to obstruction:Ice HilldtliJfe tI Sheldon ,upra ar 408 per lord Goddard CJ. Thus merely giving a warning to some otherperson ouy umouur to obstruction of the person carrving our lus dut y; see Crew v Moot» [1982] QB 1044.[\ 982J I All ER 428 . .ind .'vloofe I' CffW [1983j I All ER 663. Yet standing bv and domg nothing is norobstruction unless there IS.l legal Jury to .ict : lee 511'(/11,>,,· v I.CC 11916) 1 KB 224. [1914-151 All ER Rep..03; .lIld conrras: H,,!.:,., ,. Iillisan 11914/2 K D 762; but lee Ria I' C.mllolly 119(6) ~ Q13 414.11%61 2 .'.11ER649. However, a posrnve act docs nor cease to be obsrrucnve jusc because It IS lawlul in Itself; see Dibble l'

IlIg/fll)lI ((')7211 QB 480. sub nom IlIg/flOtl I' Dibble {I '.1721 t All ER 275.Summary conviction. Summary jurisdicnon and procedure arc mainly governed by the i\t1Jgisrrales'

Courts Act 1980. Vol 27. ur le Mugisrrare». and by rub made under s 14401 that I\C(,

Standard scale. By the intcrprcrarion Act )978. ,3. Sch I. Vol -l l , ride Srarures. as amended. aod theCriminaljuSClc'e ACt 1982.,37(3). Vol 27, tide Magisrrates. rhis means the standard scale scr our III I 37(2) of[he 1982 Act as amended by order made under the Magrsrratcs" Courts Act 1980. s 143( I). Vol Tl , ntieMJgisrrates. The scale as amended by [he Crinunal Pennines ere (Increase) Order 1984. S119841447. an 3(4).Sch 4, II: level I: £50: level 2: £100: level 3: £400: level 4: £ 1.000; and level 5: £2.000.

Shall .. , produce his aurhoriry. ThIS does not. however. mean that the powers under sub-s (2) of (hISsection may olll)' be exercised it'rhere is someone ro whom the authorrtv on be produced: see C,Ot'~ v Eu{errlG<ls8ou,J(l95211 KB77.119SIJ2 All ER IOSl,CA.

Definitions. For "rhe Commissioucrs". Ice 149(1) post. Note as to "the occupier" and "vernun", sub-s 13)above.

8 Miscellaneous powers ofCommissioners

The Commissioners may-

(a) undertake the collection. preparation. publication and distribution otsransricsrelating to forestry. and promote and develop instruction and training III

torestry by establishing or aiding schools or other educational institutions orin such other manner ;1S they think fit:

(b) make. or aid in making. such inquiries. experiments and research, and collect.or aid in collecting. such information as they may think important lor rhepurpose of promoting toresrrv and the teaching of forestry. and publish orotherwise take steps to nuke known the results of the inquiries, experimentsor research and disseminate the information;

(c) lI~Jkl:, or .lId in making, such IOqu.in~s as they think necessary for the purpot ~l:curlf1g an adequate supply at timber and other forest products in GlBritain.

NOTESGeneral Note. In addiuon cotheir miscellaneous pow~n set out in this secnon, the Forestry Comrnissio.

have wide power; to provide tour isr. recrearional or sporting lJcilities and equipment, faciliries or w«JncillJry rherero on :lI1Y lind placed Jt their di'poSJl by rhe Minuter of Agriculture. Fisheries mel Foocrhe S<;<:reary otSratc tor W JIeI; sec the Countryside Act 1968, s 23(2), (4) pOSL The Counrryside Cornrnis,IS empowered COacr JSJge:nr lor the Forestry Commissioners in the exercise oi their powers co provide Slfacilities. equipment. etc: see the Couurryside Act 1968,,23(5) post.

The Commissioners. le, the Forestry Com m ISI ioners: see 1-19(1) posr.Think tit, See the:note to 12 ante.Great Britain. See: the: note: to s 1 .intc.

[8A General duty of Ministers

111 pertorming their functions under this Act the Ministers shall haV~ regard to rnational interest in maintaining and expanding the forestry resources of Great Britain

NOTESThis section was inserted bv the Forestr v Act 1':181., .I.The Ministers. For meaning. Ice I -l9(i) post.National interest. It IVh suggested bv Mackinnon J in Couseu IrvII Co Ltd " ClJvoillg Trustees (193

unreported: revsd [1935 J 2 KB .12,Co... , that "nanonal interest" mav be considered JSsomething which isbe distinguished irom the pnvJtc interest ofindividuals: thar the ~xpreS>lon is akin to the economic Jacm,oi"the greatest good oi the greatest number". It II subnurred that the ~xpreSSlon IS svnonvrnous with "pub!benefit". In ...I·e v Tor)' (187-1) 9 Ch App -123 Jt -127, -I2H, Sir George Jmcl M R said rhat 'public bend,muse involve J direct benefit.

The: question whether J parucular tiling IS in the: nariorul inrcresr IS J question at' rhc rimes and is J quesric"i tacr (Re .-il/lalg'lIl/<lreJ Anthraci:« Collieries Ltd's .·lpplir,lCIull (1927) -13 TlR 672). It is to be decided in rllight ofall the ClfCUnHtaIK"S Jnd condinons JSthcv ,'Xlsl J( the present time notwithstanding that they WO\l,

probably nor have been sp<:citicJlly envisaged by the le~illJtllre when this Act was passed (d' Cm/lorigltl[lust Offia[196812 QU -139. [l968J 2 All ER 646 ar 651: artiJ [196')12 QU62, I \96911 All ER -121, CAl.

Great Britain. See the note to I I ante.

P.WI' II

Co:-.t:-,\ISS10NERS' POWER TO CONTROL Fau.rxc OF TREES

Restriction vfFellillg

9 Requirement of licence for felling

(1) A felling licence granted by the Commissioners shall be required tor the fellingof growing trees, except in a case where by or under the following provisions of thisParr of this Act this subsection is expressed not to apply.

(2) Subsection (1) above docs not applv-

(,t) to the: t"c:llin~ otr rccs wir]: a diameter nor ,'xcce:dillg [H centimetres] or , in thecas,' ofcoppice or underwood, with a diameter not exceeding [IS centimetres j',Or

(b) to the felling of fruit trees or Crees standing or growing on land comprised inan orchard. garden. churchyard or public open space; or

(c) to the: topping or lopping of trees or the trimming or laying of hedges.

(3) Subsection (J) above does not apply to the t~lling by In y p~rson of trees on landin his occupation or occupied bv a tenant ofhi~-

(a) where the trees have a diameter not exceeding [10 cennrnetres] Jlhl thefelling is carried out in order to improve the growth of Otnl:f trees: or

(b) where the following conditions are satisfied. that is to say-

(i) the aggregate cubic content of the trees which are felled bv that personwithout a licence (exclusi ve of trees to whose felling subsection (1) abovedoes not apply) does not exceed [5 cubic metres] in any quarter; and

(ii) the aggregate cubic content of the trees so felled which are sold by tn".ltperson whether before or arrer the felling (exclusive as aforesaid) doesnot exceed [2 cubic metres] in any quarter. or such larger quanritv .IS theCommissioners may in a particular case allow.

(~) Subsection (1) above does not apply to any felling which-

«,) is tor the prevention of danger or the prevention or abatement OLI 11lIlSJIll'C;

(h) IS in compliance with ;lllY obligatiull impo-cd by or under an t\CC of[);lrliJll\cllt. including this Act;

(c) IS carried out by, or at the request of [an electricity operator, because the treeis or will be in such close proximity to an electric line or elecmea I plantwhich is kept installed or is being or is to be installed by the operator as tohave the effect mentioned in paragraph 9(1)(a) or (b) of Schedule -+ to theElectricity Act 1989];

(d) is immediately required for the purpose of carrying out developmentauthorised by planning permission granted or deemed to be granted underthe [Town and Country Planning Act 1990] or the enactments replaced bythat Act. or under the Town and Country Planning (Scotland) Act 19~7.

(5) Regulations made by the Commissioners under this Part of this Act may modifysubsections (2) to (4) above as follows. that is to say-

«/) they may provide tor additional exceptions trorn the application of subsection(1) above and may in particular substitute-

(i) in subsection (2)(a). for the reference to [8 centimetres] a reference to alarger diameter:

(ii) in subsection (3)(a). for the reference to [10 centimetres] a reference to alarger diameter;

(iii) in subsection (3)(b). for the reference to [30 cubic metres Jor the referenceto [5.5 cubic metres) in either case a reterence to a larger quantity;

(b) they rnay substitute in subsection (2)(a) for the reference to [15 centimetres Ia reference to a smaller diameter; and

(c) they may restrict or suspend the exception in subsection (3)(b) and may In

particular substitute. for the reference in sub-paragraph (i) to [30 cubicmetres]. or for the reference in sub-paragraph (ii) to [5.5 cubic metres] ineither casesa reference ro a smaller quantity;

and the said subsections shall have effect with any modification made by regulationsunder this subsection.

(6) In this scctiou-s-

["electricity operator" means a licence holder within the meaning of Parr I of theElectricity Act 1989 by whom the powers conferred by paragraph 9 (treelopping) of Schedule -+ of that Act are exercisable;

"electric line" and "electrical plant" have the same meanings as in Parr I of theElectricity Act 1989: I

"public open space" means land laid alit as a public garden or used (otherwise thanin pursuance of section 193 at the Law of Property ALt 1925 or of Parr V ofthe National Parks JnJ Access to the Countryside Act 1949) tor the purposeof public recreation, or land being a disused burial ground;

"quarter" means the period of three months beginning with the 1st January, 1stApril. l sr july or l st October in any year;

and references to the diameter of trees shall be construed as references to the diametermeasured over the bark. at a point [1.3 metres1above the ground level; . . . '

NOTES

The words and figurcs in square brackets In sub-ss (2). (3)(,1). (5). (6) (in rhe scc~1l(1 place where they occur)were substiruted by [he Foresrr v Acr 1979.,2(1). Sch 1. and the word, omitted lrom sub-s (6) were repealedby s 3(2)"of, and Sch 2 CO. [hac Acr, and [hose in sub-s (3)(b) were subsnrured by (he Foresrry (ModificationofFelling Restrictions) Regularions 1985, S11985/1958 (made under sub-s (5)(e) above).

The words in 'quare brackets in sub-s (4)(r), and in sub-s (6) in [he flm place where they occur. weresubstituted by [he Electricity Act 1989" 112( I), Sch 16. para 13.

The words in square bracken in sub-s (4)(J) were substituted by [he Planning (ComequemiaIProvisions)Act 1990,s4,Sch2.,pm 14(1).

Sub-s (1): Granted. For further provisions, see IS 10 cr le4 pOSLShall be required. For provisions as [0 orfences. sec s 17 pmc.Growing trees. Windblown trees arc being created by [he Comrn issioners as growll1g trees: see 516 H

of C Official Report 1668.By or under the following provisions. etc. Note sub-ss (2.) et seq; and see as [0 certain cases where no

licence is required for the felling of trees to which a tree preservation order relates, s 15(3), (4) post. Sec alsoas co felling directions. s 18 pas!.

This Part of this Act. Ie Pr II (ss 9-36) of chis Act.Sub-s (2): Fruit trees. etc. No felling directions may be given in the case of such trees as arc mentioned

in sub-s (2)(b) above; see s 19(1) pas!.Sub-s (6): Public open space. For restrictions placed on [he definition of "public open space" for the

purposes of this section, see the Countryside Act 1968. s 24(4) pas!.Crown land. A$ ro the applicarion of this Parr of this Act in relation to Crown land and co trees gro fling

thereon, see s 33 post.London. This Parr of chis Act does not apply to trees standing or growing on land within the area of

Greater London other than the outer London boroughs: see s 36 1'0$[.Definitions. For "the Commissioners", see s 49(1) post, and for "felling", -felling licence" and "prescribed",

see s 35 post. Note as to "diameter", "Electricity Board", "electric line". "main transmission line", "public opo:nspace" and "quarter", sub-s (6) above.

Town and Country Planning Act 1990. Sec Vol 46, title Town and Counrrv Planning. 0: as [0 [hemeaning of"devc:!opmcnc", s 5501' c11Jl Act, and as to the mearung ot"plannll1g permission", s 336(1) of [halAct.

Town and Country Planning (Scotland) Act 1947. Largely repealed and replaced by [he Town andCountry Planning (Scotland) Ac: 1972; nor printed in this work.

Electricity Act 1989, Pt I. See Vol 15, [ide Electricity; for [he meanings of "licence holdcr", "electricline" and "electric plant" in that Parr of [hat Act, see s 64(1) thereof.

Law of Property Act 1925, S 193. See Vol 37. tide Real Property (Pr 1).National Parks and Access to the Countryside Act 1949, Part V. See Vol 32.. title Open Spaces, and

Historic Buildings (Pt 1).Regulations under this section. The Forestry (Exceptions from Restrictions of Felling) Regulations

1979, SI 1979/792. as amended by the Gas Act 1986 (Consequential Moditicarions ot'Subordirute Legislation)Order 1986. 51 1986/1356. SI 1988/970 and [he Elecrricirv Act 1989 (Consequential Modificarions ofSubordinate Legislation) Order 1990,51 1990/526. For general provisions as to regulations under this Part ofthe Act, see s 32 post. See also [he first note co this section.

10 Application for felling licence and decision ofCommissioners thereon

(1) An application for a felling licence may be made to the Commissioners in theprescribed manner by a person having such an estate or interest in the land on which thetrees are growing as enables him. with or without the consent of any other person, tofell the trees.

(2) Subject to the provisions of this Act (and, in particular, to their duty to takeadvice under section 37(3)), the Commissioners may on such application grant thelicence. or grant it subject to conditions, or refuse it. but shall grant it unconditionallyexcept in a case where it appears to them to be expedient to do otherwise-

(a) in the interests of good forestry or agriculture or of the amenities of thedistrict; or

(b) for the: purpose ofcomplying with their duty of promoting the: establishmentand maintenance in Great Britain of adequate reserves of growing trees.

(J) A telling licence shall continue in low: for such period (not being less dun oneyear from the date on which it is granted) as may be specified therein.

(4) If in the case of any trees the Commissioners refuse an application tor .1 tel1in~

licence, the consequences shall be as follows:-

(II) except in a case to which section 14(4) below applies. any person who IS torthe time being the owner of the trees shall be entitled to compensation underand in accordance with the next following section; and

(b) if the land on which the trees are growing is, or in the opinion of theCommissioners will be. managed in a manner approved by theru, theCommissioners may (subject to section t 4(5) below). if they think fit andsubject to the approval of the Treasury. make to persons interested in the landadvances by way of loan of such amounts. lIpon such terms and subject tosuch conditions. as they may determine.

(5) At any time after a felling licence has been refused by them in the case of anytrees, the Commissioners may. if they think fit, give notice to the owner of the trees rharthey are prepared to grant a felling licence for the trees either unconditionally or subjectto conditions described in the notice; and if the Commissioners give such a notice andan application is duly made to them for a felling licence, they shall grant a licence inaccordance with the notice. subject to sections 13(2) and 15 below.

(6) When the Commissioners refuse to grant a felling licence. they shall give noticein writing to the applicant of the grounds for the refusal.

(7) Where application is made for a felling licence for trees on land which is subjectto a forestry dedication covenant or agreement, :1Od the licence is refused. no breach ot"the covenant or agreement shall be deemed to have occurred by reason otanvthing doneor omitted in consequence of the refusal.

NOTES

Sub-s (1): Trees ... growing. Sec the note "Growing trees" to s 9 ante.Sub-s (2): Grant the licence or grant it subject to conditions, etc. For the condinons "'hich mJ~' be"

imposed. see s 12( 1) post. No conditions may. however. be imposed on the grant oi a telling licence tor treeson land subject to a forestry dedication covenant: see s 12(2) post. See also tor various orher provisions. ss 13er seq. 24 et seq post: and note sub-ss (3) et seq above.

Appears. Statutory powers are often con/erred in subjective terms. the competent aurhoruv being cnntlcdto act. ,,:~, when it "appears" to it or it is "satisfied" that. or when in its "opinion". a prescribed state ot' arfairsexists. but the inherent jurisdiction of the courts to determine whether such powers have been exceeded IS

not readily ousted by the use of such language. See. further. I(I) Halsbury's Laws (4th edn reissue) para 21.Sub-s (3): Great Britain. Sec the note to s I ante.One year from, etc. As a general rule the effect of defining a period in such a manner is to exclude the

day on which the event in question occurs; see 45 Halsburv's Laws (·hh edn) para 1127.Sub-s (4): Think fit. See the note to s 2 ante.Treasury. le the Commissioners ofHM Treasury: see the lnterpretarion Act 1978. s 5. Sch I. Vol a I. title

Statutes.Sub-s (6): Writing. Sec the note to s 5 ante.Crown land. A, [0 the application of this Part ot tl1l\ Act in rdation ro Crown land and to tree' !,:roWIIl~

thereon. ,<;e , 33 po,t.London. This Part of this Acr docs not apply to trees standing or growing on land withm the area of

Greater London other rhan the outer London boroughs; see s 36 post.Definitions. For "the Commissioners", see s 49(1) post: and lor "telling licence" and "prescribed". sec s 35

pose; for "forestry dedication covenant or agreement", see s 5(1) anre: lor "owner" in relation co rrees, sc«s 34(1), (4) post; and sec as to "fell", the definirion ot"lelling" in s 35 post.

Regulations under this section. The Forestry (Felling of Trees) ncgubcions 1979, SI 1979/i91 Jrepartly made under sub-s (1) above; sec. in particular, reg 4 of. and Sch 2 to. those Regulations. JS subsnrutedby 51 1987/632. For general provisions as to regulations under dlls PJrt <>( chis ....cr. sec s 32 pOSL

568 VOL lil I;OHE~THY

11 Terms ofcompensation on refusal of licence

(1) The compensation to which a person may become entitled under section lO(4)(a)above is for any depreciation in the value of the trees which is attributable todeterioration in the quality of the timber comprised therein in consequence ofthe refusalof a felling licence for them.

(2) Comp-ensation under this section shall be recoverable from the Commissionerson a claim made in the prescribed manner.

(3) Claims for the compensation in the case of any trees may be made from time totime in respect ofdeterioration taking place after the refusal ofa felling licence for thosetrees, but-

(a) no such claim shall be made in respect of deterioration taking place morethan ten years before the date of the claim; and

(b) if the trees have been felled. no such claim shall be made after the expirationof one year from the date of the telling.

(4) In calculating compensation,-

(a) no account shall be taken of deterioration in the quality of the timber whichis attributable to neglect of the trees after the refusal of a felling licence fatthem; and

(b) the value of the trees at any time shall be ascertained on the basis of pricescurrent at the date of the claim.

(5) If after refusing a felling licence the Commissioners under section 10(5) abovesubsequently give notice co the owner of the trees that they are prepared to gram alicence, then in calculating compensation payable in consequence of the previous refusalno account shall be taken ofdeterioration occurring after the giving of the notice.

(6) Any question of disputed compensation shall be determined in accordance withsection 31 of this Act.

NOTESTen years before; one year from. See the note "One year from, ere" ro s 10 ante.Notice. For provisions as to service, see s 30 posc.Mortgaged and settled land. For provisions as to claims lor and payment at compensation where the

interest of the owner of the trees is subject to a mortgage or where the: owner ot' trees comprised in ,settlement is ~ tenant for life impeachable tor waste in resp<ct of the trees, sec: s 29(1), (3) respectively post.

Trees subject to forestry covenants, etc. No compensation is payable under this section in resp<ct 0

trees to which a notice under s 14(3) post relates: see s \4(4) pOlt.Crown land. As to the application of chis Part of this Ace in relation ro Crown land and co trees growin,

thereon, see s 33 post.London. This Part ot' this Act does not apply to trees standing or growing on land within the area Q

Greater London other than the outer London boroughs: see s 36 poll.Definitions. For "the Commissicners". see s 49(1) post; lor "felling", "idling licence" and "prescribed", se

s 35 post: and tor "owner" in relation to trees, see s 34(1), (4) post.Regulations under this section. The Forestry (Felling of Trees) Regulations 1979,51 1979/791 at

partly made: under sub-s (2) above: see, in particular. reg; of those Regulations. For general provisions as I

regulations under this Part oi the Act, see s 32 post.

12 Conditional licences

(1) The conditions which l11ay under section 10(2) above be attached to J 1t:llirlicence are such as the Commissioners, after consultation with the applicant tor dlicence, determine to be expedient for securing-

(a) the restocking or stocking with trees of the land on which the felling istake place,or of such other land as rnay be agreed between the Commission'and the applicant; and

(b) the maintenance of those trees in accordance with the: rules and prJCCKC ot'good forestry for a period not exceeding ten years.

(2) No conditions shall be imposed on the grant of a telling licence where it is fortrees on land subject to a forestry dedication covenant or agreement [and the felling is inaccordance with a plan of operations or other working plan approved by rheCommissioners and in force under the covenant or agreement J.

NOTESThe words in square brackets in sub-s (2) were added by the Trees Act 1970, s 2.Conditions. For provisions as to the entorcernent ofconditions. see ss 24 et seq pose.Consultation. On what constitutes consultation. see, in particular. Fletcher v A·(i,lista~"T~lVn andCot/Iltry

Plan,ti,lg [1947]2 All ER 496, (1947) III JP Jo 542~ Rollo v IHillisler oJTlllI'll all<l c.ltI'llry PI'lIIning [19·HllI All ER 13, !l948] LJR 817, CA; Re Ullion of Whipping/lam and Easl Cowes Benefices, Derham v Cllt/rehConus for Ellgland !l9541 AC 245,1195412 All ER 22. PC; Agri(l/!tural, Horticulturai and Forwry 1,lduHryTrJinillg Board v ,-ty/nbury Mushrooms Ltd [197211 All ER 280, [1972{ 1 WLR 190; and R v Swewy oJSts«for Social Srrll;w ex p Association o/'\,lelropolilan Authorities [1986 J i All £R t64, (198611 WLR 1.

Land subject to a forestry dedication covenant or agreement. See' 5 ante.Plan ofopcrations or orher working plan. See' 14 PO\[.Crown land. As to the: application ot' this Part of this Act in relation to Crown land and to trees groWlllg

thereon. sees 33 post.london. This Part of this Act does not apply to trees \tanding or growlllg 011 lallJ within the .llea ell

Greater London other than the outer london boroughs; lee 136 pOlt.Definitions. For "the Commissioners", see s 49(1) POSt; for "felling" and "felling licence", lee 135 post:

and tor "foresrry dedication covenant or agreement", see s 5(1) ante.

13 Deferred decision on application

(1) Where a person applies for a felling licence and the Commissioners do nor withinthree months after receiving the application. or within such further rime as may be:agreed with the applicant, give notice to him of their decision on the application(including any reference of the application under section 15 of this Act) the provisionsof this Parr of this Act shall apply in relation co the application JS ifit had been refused.

(2) If on an application [or a felling licence-

(a) the Commissioners determine to gram the licence subject to conditions; and(b) it appears to them chat the applicant is not entitled to an interest in land

which would enable him to comply with those conditions;

they may give notice in writing to that effect to the applicant and postpone considerationof the application until the person entitled to such an interest isjoined as a parcy thereto.

Where a notice under this subsection is given. subsection (1) above shall apply as if.instead of referring to a period of three months after the Commissioners receive theapplication. it referred to a period of three months afrcr the date on which the personentitled fa such interest in the land as is mentioned in the notice is joined JS a parry tothe application.

NOTESWithin three months after, etc. The general rule In cases where an act is to be done Within a specified

time is that the day from which it runs is not to be counted; see Coldsmit/tS' Co v Wesl .\fmopolilall Rly Cll\1904\ \ KB I. (1900-3] All ER Rep 667. CA; Stewart v Chapmall f\ 951) 2 KB 792. \1951} 2 All ER613;and the other casescited in 45 Halsburv's Laws (4th edn) para 1134. A requirement that something be donewirhin a specified period means that the full amount of that period up to rnidrughr on the lalt day IS available;lee ,'v1unorlike Ltd v 1.( Vilas Travel /'l.'(etlcy anJ CO/lSlI/taltCY Services l.td (l 'JH61 I All ER 57:1.278 EsrarevGazeere 412. CA. See also Dodds II W<1lker (198112 All ER 60':1, (1'181/ [ WLH 1027. HL; EJ RileyInvestments LId l' Evrouite Holdi/lgs Ltd (1985j 3 All £R 181. [1985] 1 WLR 1139, CA. JOd 45 Halsbury'sLaws (4th edn] para 1\1\, as to the day ofexpiry of perrods of a month or a specified number of months.

Notice. For provrsions as to service, see I 30 post.This Part of this Act. le Pt II hI 9-36) of this Act.Appears. See the note to I 1f) ante.

Writillg.:xC lire: /I01e: C<ll 5 Jllle:,Crown land. lu to rhe application of this bet uf this net ill relariou to Crown land alld to trees glowing

thereon, Ice s )) poll.

London. This Put ot" this Act dOCI not apply to trees llJnding or growing on land within die area ofGreater London other than the outer London boroughs: see 1)6 post,

Definitions. For "the Commissioners", lee s 49( 1) polC: and lor "felling licence", see I 3S pOst,

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

(1) The following provisions shall apply where application is made co theCommissioners for a felling licence and relates co the felling of trees in accordance witha plan of operations or other working plan approved by the Commissioners under aforestry dedication covenant or agreement. or otherwise approved by them in writingtor rhe purposc:s of chis section.

(2) The Commissioners shall not refuse the licence unless the Minister certifies that,by reason of an act of God or ocher emergency which has taken place or arisen since theapproval of the plan, the granting of a telling licence in respect of those trees, or inrespect of trees of any class which comprises those trees, would be detrimental to thenational interest.

(3) If the Commissioners refuse the licence, the applicant may by notice given to theCommissioners in the prescribed manner and within the prescribed time require themto buy the trees or such of rhern as may be specified in the notice.

(4) Ifa notice is served under the foregoing subsection,-

(a) no compensation shall be payable under section 11 in respect of any trees towhich the notice relates; and

(b) the Commissioners shall be deemed to have contracted with the applicant tobuy the trees on the date of the service of the notice at such prices as may indefault ofagreemenr be determined in accordance with section 31 of chis Act,and shall fell and remove the trees at such time or times as they maydetermine.

(5) Where such a notice is served, and the land on which the Crees are growing issubject co a forestry dedication covenant or agreement. the power of the Commissionersunder section 10(4)(b) above to make an advance by way ofloan shall not be exercisablein respect of the trees, but this subsection shall not prejudice their power ro make anadvance in respect ofany other trees on the land.

NOTES

Plan of operations. Under a toresrrv dedication covenant the owner must observe J plan of operationsapproved by the Foreltry Commissioners tcr determining the nature otthe torcstry operations to be carriedout on the lanul in qucsrion: see the Forestry Comnusvion Booklets Nos 2 and 7 cited in the General Nvtc: co15 ante.

Writing. Sec the note to s 5 ante.Notice. For provisions J.l to service. S<'<' .1 J() POSI.

Crown land. As to the JpplicJ(loll ot' rhis I'Jrt ,It'd", Act lI\ rclatI\lI\ In Crown I..m\ .lIld In trees growmgthereon. sec s 3) post.

London. This PJr[ of this Act docs not apply to trees standing or growing on land Within the arc-a ofGreater London Other chan rhc outer London boroughs: see s 36 post,

Definitions. For "the Commissioners". sec I 49(1) post: tor "felling". "Idling licence" Jntl "prescribed". sec135 posr: and for "forestry dedicarion covenant or Jgrecmcnt",sec s 5(1) ante.

Regulations under this section. The Forestry (Fclling of Trees) Regularious 1C)79, Sl 1979!79 I arepartly made under sub-, (3) above: lee, in particular. reg 6 of those Regulations. For general provisions JS toregulations under this PJfl of this Act, sec s 32 post.

15 Trees subject to preservation order under Planning Acts

(I) If an application is made to the Commissioners for a telling licence in respect oftrees to which a tree preservation order relates. and consent under the order is requiredfor the felling of those trees. then-

(a) the Commissioners. if they propose to grant the licence, shall give notice inwriting to the authority by whom the order was made; and

(b) the Commissioners may in any case refer the application to the said authority.

(2) Where the Commissioners give the notice required by subsection (I)(a) aboveand the authority within the prescribed period after receipt of the notice object to theCommissioners' proposal to grant a felling licence and do not withdraw their objection.then-

(a) the Commissioners shall not deal with the application, but shall refer it to theMinister, and rhe application shall then be dealt with under rhe Town andCountry Planning Acts; and

(b) if in pursuance of the application the Minister consents to the felling, section9(1) of this Act shall not apply so as to require a felling licence for the fellingofany trees in accordance with the consent.

(3) Where the Commissioners refer an application under subsection (1)(b) above,­

(a) the application shall be dealt with under the Town and Country PlanningActs; and

(b) so long as the tree preservation order applying to the trees remains in force,section 9(1) shall not apply so as to require a felling licence for the felling ofany trees to which che application relates,

(4) Where in the case ofany trees-

(a) the Commissioners under this section refer an application for a felling licenceto the Minister or an authority who have made a tree preservation orderrelating to the trees; and

(b) a felling licence in respect of the trees has been previously refused by theCommissioners,

no account shall be taken. in calculating any compensation payable under section 11 ofthis Act in consequence of the previous refusal, ofdeterioration occurring after the dateof the reference,

This subsection shall be without prejudice to section II (5) of this Act. in a case towhich that subsection applies.

(5) Except as provided by the foregoing provisions of this section, no applicationshall be entertained under a tree preservation order for consent thereunder in respect ofthe felling of trees in the case of which section 9(1) of this Act applies so as to require afelling licence.

(6) Where. in the case of trees to which a tree preservation order relates. a fellinglicence is granted by the Commissioners after the date on which the order comes intoforce. the licence shall, norwirhsranding anyrhing in rhar order, be sufficient authorityfor the telling of any trees to which the order relates.

(7) Schedule 3 to this Act shall have effect for explaining the procedure applicablewhere this section requires an application to be dealt with under the Town and CountryPlanning Acts.

(8) In this section "the Minister", in relation to England means the Minister ofHousing and Local Government and not the Minister of Agriculture, Fisheries andFood.

572 VOL 18 FOHESTRY

NOTESNotice. For provisions as to service, see s 30 post,Writing. See the note to s 5 ante,Authority by whom the order was made. Namely, the local planning authority: see the Town and

Country Planning Act 1990, s 198(1). Vol 46. tide Town and Country Planning,Dealt with under the Town and Country Planning Acts. Note sub-s (7) above,Notwithstanding anything in that order. For another provision having the same erfecr,see rhe Town

and Counrry Planning Ace 1990, s 198(7). Vol 46, rirle Town and Counrrv Planning. in conjunction withSch 6. para 1(4) post.

England. For meaning, see the Inrerprerarion Act 1978. s 5. Sch I, Vol-ll, title Statutes.Minister of Housing and Local Government. The functions oi that Minister under this Act were

transferred to the Secretary oi State by the Secretary oi State tor the Environment Order 1970. SI 1970/1681. art 2(1). As to the Minister's property, rights and liabilities, see arc 2(2) of that Order.

Crown land. As to the application of this Part of this Act in relation to Crown land and to trees growingthereon. sec s JJ post.

London. This Pare of this Act docs not Jpply to trees standing or growing on land within the area oiGreater London other than the outer London boroughs; sec s 36 post.

Definitions. For "the Commissioners", see s -19(1) post; and ior "felling", "felling licence", "prescribed" and"tree preservation order", see s 35 pose.

Regulations under this section. The Forestry (Felling of Trees) Regulations 1979, SI 1979/791 arepartly made under sub-s (2) above; see, in particular. reg 7 of those Regulations. For general provisions as toregulations under this Part of this Ace. see s 32 post,

16 Review of refusal or conditions of licence

(1) The following provisions shall have effect for enabling the decision of theCommissioners on an application for a felling licence to be reviewed where they refuseto grant a felling licence or gram it subject to conditions.

(2) A person aggrieved by the refusal or conditions may by a notice served withinthe prescribed time and in the prescribed manner request the Minister to refer the nutterto a committee appointed in accordance with section 27 below and-

(a) the Minister shall. unless he is of opinion that the grounds tor the reqllest arefrivolous. refer the matter accordingly;

(b) the committee, after compliance with section 27(3). shall thereupon make areport on the reference to the Minister.

(3) The Minister shJIJ. after considering the committee's report. confirm the decisionof the Commissioners on the application, or reverse or modify that decision and directthe Commissioners to give effect to the reversal or modification,

(4) No request may be made under this section in respect of a refusal to grant a fellinglicence unless a previous application for a licence in respect of the trees has been refusedand the application to which the request relates is made after the following date. that isto say-

(a) where a reference under this section has been made in respect of a previousapplication. the third anniversary of the last such application in respect ofwhich such a reference has been made; and

(b) in any other case, the third anniversary of the previous application.

NOTES

Refuse to grant etc. The Commissioners have power to retuse to grant a telling licence or co grant itsubject to conditions under s 10(2) ante; but see s 12(2) ante: and see also I 12( I) ante.

Person aggrieved. See the note cos 6 ante.Notice. For provisions JS (0 service. lee s 30 pOlLCrown land. As co the .ipplic.nion of e1111 Part of thl> Act III rclarion enCrown lmd and to trees ~rowillg

thereon. lee s 33 pOSLLondon, This Part oi thi~ :\cr docs not apply to trees standing or growing on land Within the area 01

Greater london other than the outer London boroughs: see s )0 POlt.Definitions. For "the Conunissioners" ,1Ol! -Ih,' Minister", ,ee , ~'J(ll PO,I: and /<)( "Idling IICCIlCC" Jll(

"prescribed", Ice, 35 posr.

FORESTRY ,\CT \%7 , 17:\ 573

Regulations under this section. The Forestry (Felling oi Trees) Regulations \ 979. 51 1979179\ Hepartly made under sub-s (2) above: see. in particular. reg 8 of those Regulations. as subsnrured by 5! \987,'632. For general provisions as 10 regul.uions under this Part otthis :\ct. See) 32 po,(.

Special transitional provisions. For special rraruinoru] provisious, see Sch 6. pH a 2 po-t.

17 Penalty for felling without licence

(1) Anyone who fells a tree without the authority 0(:1 telling licence, the C:1~e beingone in which section 9(1) of this Act applies so as to require such a licence, shall be guiltyof an offence and liable on summary conviction to J tine nor exceeding [level 4 on thestandard scale] or twice the SUcIl which appears co the court co be the value otthe tree.whichever is the higher.

(2) Proceedings for an offence under this section may be instituted within six monthsfrom the first discovery of the otfence by the person taking the proceedings. providedthat no proceedings shall be instituted more than two years after the date of the offence.

NOTES

The reference to level 4 on the srandard scale in sub-s (I) is substituted bv virtue or' the Cr murul [usuceACt 1982. s 46, Vol 27. tide Magistrates. The maximum tine was previously increased from .( 10 roo £lS0by virtue otrhe Civic Amenities Act 1967.ss 15(2\.32(2).

Anyone. A person may be liable under this secnon whether or not he holds an estate or mtercsr III theland concerned .s rnenrioned in s 10(1) ante; see FVTfJITy Cmllllissivll ~, Frusrand ThvlllPSVII (1990J IS~ JP 1.\.

Summary conviction; standard scale. See the notes to s 7 anre.May be instituted. Apart from sub-s (2). the time limit would be six months trout the cornnu-sron ,)t

the orfencc: see the Magistrates' Courts Act 1980. s 127( 1), Vol 27. tide Magistrates.Within six months. Sec the note "Within three months. ere" to s \:1 ante.First discovery of the offence. There is the highesc authority tor sayin~ that where. OWll1g co a nusraken

view ot the law. it is not appreciated that .\1\ orfcnce has been couunirtcd. there is no discovcrv ,'I the \,rl"n(c:unul it is t<:;di\ed that the view ot"the law [:I ken is erroneous; sec: C'II"") J.'ill,lIlfr C. Ltd I' EIIII'""d! I 'JI,21 :\C782.1 t 90211 All EH 854.

Two years after. Cf the note "One year from. etc" to s 10 ante.Restocking. For rhe power of the Forl·'try Commissioners to relluirt' J penon who has been convicted or'

an orfence under this ","'crion ro restock the land with trees anJ tor JppeJls against. and entorcernenr or.restocking notices. sec ss 17,-\-17C pose.

Definitions. For "1,,11" Jml "Ielling licence". see \ 35 1'0\[,

[17A Power of Commissioners to require restocking after unauthorisedfelling

(1) Where a person is convicted of an offence under section 17 of this Act and he is aperson having, as regards the land on which the felling which gave rise to the convictionrook place. such estate or interest as is mentioned in section 1O(1) of chis Act, theCommissioners may serve on him a notice (in this Act referred to as a "restockingnotice") requiring him-

(a) to restock or stock with trees the land orsuch other land J, mav be agreedbetween the Commissioners and him; and . -

(b) to maintain those trees in accordance with the rules and practice of goodforcsrry for a period. not exceeding ten years. specified in the notice.

(2) A restocking notice shall be served within three months after the date of theconviction or of the dismissal or withdrawal of any appeal aguinst the conviction.

(3) Subject to the provisions or this Acr. in considering whether co issue a restockingnotice the Com missioners \hall-

(.,) have regard CO the interests of good toresrry and agriculture .lnd of theamenities of the district:

(b) have regard to their duty of promoting the establishment and m.unrenancein Great Britain of adequate reserves otgrowing trees; and

574 VOL 18 fORESTI{Y

(c) cake into account any advice tendered by the regional advisory committeefor the conservancy comprising the land to which the restocking noticewould relate.

(4) This section shall not apply in relation to trees to which a tree preservation orderrelates or in relation to trees the felling of which took place before the date of cominginto force of the Forestry Act 1986. j

NOTESThis section and ss J7 Band 17C post were inserted by the Forestry Act 1986. s 1(a).Person. Unless the contrarv intention Jppears this includes a body of persons corporate or unincorporare ;

sec the Inrerprerarion Act 1978. s 5. Sch I. Vo141. ride Sratures.Land. This includes buildings and other structures. land covered with water. and Jny estate. interest.

casement. servitude or right over land; see the lnrerprerarion Act 1978, s 5. Sch I. Vol 41, tide Statutes.Restocking notice. For provision for appeal against such a notice, see s 17B post: for enforcement, see

s PC post. and by virtue of rhar section. IS 24,25 and 26(1), (3) and (4) pmt.Within three months after, etc. See the note to s 13 ante.Duty of promoting the escablishment and maintenance •.. of adequate reserves of growing

trees. As 10 this duty, see s 1(3) ante.Great Britain. See the note [0 s 1 ante.Regional advisory committee. For the establishment of these comrrurrees, see s 37 post; for the

composition of the committee. sec s 38 post.Date of coming into force of the Forestry Act 1986. le 8 July 1986: sec s 2(1) of that Act post. and

the note IWO months beginning with, etc" thereto.Definitions. For "the Commissioners", see s 49(1) post; for "conservancy", "felling" and "tree preservation

order", sec s 35 post.

[17B Appeal against restocking notice

(1) A person on whom a restocking notice has been served who objects to the noticeor to any condition contained therein may by notice served within the prescribed timeand in the prescribed manner request the Minister to refer the matter to a committeeappointed in accordance with section 27 of this Act; and-

(a) the Minister shall, unless he is of the opinion that the grounds of the requestare frivolous, refer rhe nutter accordingly; and

(b) the committee, ufrer compliance with subsection (3) of that section, shallthereupon make a report ro the Minister.

(2) The Minister may. after considering the committee's report. direct theCommissioners to withdraw the notice or to notify the objector that it shall have effectsubject co such modification as rhe Minister shall direcr.]

NOTESSec the note to s 17 A ante.Restocking notice. For me nung, sec> 17A rnre ; i,)r enforcement 01such J nonce, sec s t7C post, JnJ by

virtue otthar secncn.ss 24, 25 and 26(I}, (3) and (4) post.Prescribed time; prescribed manner, le prescribed by regularions made by the:Foresrrv Commissioners

under this Part 0/ this Act: see s 35 post. See the Foresrr y (Felling oi Trees) Regulations 1979,51 1979/79\,reg llA (JS added by 51 19H7/(32), which provides that Jny notice of appeal under sub-s (I) above shal] beserved on the Minister within three months Jlter the receipt 01the: restocking notice and shall be in form hA,JSSCI out in the Schedule 10 rhe reuulanons.

As to regulations made under this Part otrhis Act generally, see s 32 POSI.Opinion. Statutory p"w,'rs arc olten conferred in subjective terms. the competent aurhor irv being ennrled

to act, eg, when in its "opinion", or when it "appears" [Q il or it is "satisfied" that. a prescribed Slate of alfairsexists, but the inherent jurisdiction of the courts to determine whether such powers have been exceeded isnot readily ousted by the use 01such language: see. further. 1(I) Halsbury's LJWS (4lh edn reissue) para 21.

Definitions. For "the Commissioners" and "the Mimsrcr", sec s ~<)( I) post; ior "prescribed", see s 35 pos!.

[17C Enforcement of restocking notice

The provisions of sections 24 (notice to require compliance wirh conditions ordirecrions), 25 (appeal against nor ice under section 24) and 26(1), (3) and (4) (expenses)

of this Act shall ;Ipply in rcl.u ion to ;1 rcs[(}cking not icc ;IS they apply in relation to ;1

telling licence; and for the purposes of such application-e-

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

(b) the reference in the said subsection (3) to the applicant for the licence shall beconstrued as a reference to the person on whom the restocking notice hasbeen served.]

NOTESSee the note [0 s 17A ante.Restocking notice. For meaning, ICC s 17A anre ; for appeals agaill\t such nonces. Sec s 1713 ance.

Power of Commissioners 10 directJelling

18 Felling directions

(1) Subject co the provisions of this Act (and in particular. co the duty of theCommissioners co take advice under section 37(3)), if it appears to the Commissionersthat it is expedient in the interests of good forestry, or for purposes connected with theirduty of promoting the establishment and maintenance in Grear Britain of adequatereserves of growing trees, that any growing trees should be telled-

(,I) in order to prevent deterioration or further deterioration in the quality of thetim ber com prised therein: or

(b) in order co improve the growth ofother trees,

they may give directions (in this Act referred to as "felling directions") to the owner ofthe trees requiring him to fell them within such period. being not less than rwo yearsafter the directions have become operative, as may be specified in the directions,

(2) In considering whether to give felling directions. the Commissioners shall haveregard to the interests of agriculture and the amenity or convenience of any farm ordwelling-house or park usually occupied with a dwelling-house, or of any land heldinalienably by the National Trust or the National Trust for Scotland.

(3) Felling directions given by the Commissioners shall contain J statement at" thegrounds upon which they are given.

(4) A person who is given felling directions by the Commissioners may comply withthe directions notwithstanding any lease. covenant or conrracr relating co the trees orland affected by the directions.

(5) In the else of trees to which a tree preservation order relates. telling directionsgiven by the Commissioners after the date on which the order comes into force shall.notwithstanding anything in the order, be sufficient authoritv for the felling.

NOTESGeneral Note. This section must be read In conjunction wuh s I') post. See also lor further provisions.

1120e:tle: l l pml.Appears. Sec the note to s 10 ante.Great Britain. Sec the note to s 1 ante.Within such period, etc. See the note 'Within three months, ere' to s 13 ante.Farm. "The emphatic meaning of the word "firm" II this. Thar it meuns lands which have nor been hclJ

in hand by the owner, but grunted nut and occupied by another person": I,e Holmes ".\(j{u'.ud (11\78) ~7 l]eh ;22 Jt 525.

Dwelling-house. It is clear that. in the words ot Lord Arkinson in ['w'ill 0' End 1\ l)Ool AC 29'.1 Jt J1)4.Hl. "a house in which people actually live or which is physically capable otbeing used for human habitation"is a dwelling-house. Yet there is authorrty for saying rhar tll<'nccessirvoi making small ulrerarions to restorea house formerly used as a dwelling-house to ill former lISC does not prevent it from bcing a dweiling-house:see I.,'will v E/ldabove, There is also aurhority lor saying [hat a house rnav be a dwelling-house although the

576 VOL III I'OHESTHY

larger pan 01 il IS lor the nrne being used for non-residential purposes; see Leu/in ... Nrumes LId (1904) 90 LT160. On rhe other hand. business premises arc noe eo be regarded JS a dwelling-house by reason onlv of theirbeing used for ha ving meals there or being used for sleeping there at nighr: cf Macmillan & CQ LId ... Rees[1946) I All ER 675. CA; and see also Lnvin v Elld above. at 302. per Lord Loreburn LC (caretaker).

Ie seems that "dwelling-house" should not be construed so as 10 connote only rhar pare of a building inwhich the occupant dwells and that it therefore includes such pam as a cellar (Grigsbyv ,rvlelvillt (1973) 3 AllER 455 at 462. (1974]1 WlR 80.CA per Sramp LJ).

A dwelling-house may comprise several buildings nor physically joined rogerher and ir is a matter ofdegree in every case whether a sepJrate building forms part ot'rhe dwelling-house in question (BaIty ( lmpectorofTaxes) v W'/h:tield1198211 All ER61.[1 981J STC 521. CAl.

A canvan jacked up and resting on bricks and connected to the elecrricny and water supplies has been heldro be a dwelling-house (Makills v Elson ( lnspeaor ofTaxes] (1977)1 All ER 572, (1977) 1 WLR 221).

See further. on rhe meaning of"dwelling-house". 2 Words and Phrases (:lrd edn) 128-130.Park. The word "park" is dearly used here in irs popular sense. bur J "park" need nor be large. and land

lIlay be a "park" although it IS let I,'r grazing: see. in parricul.rr. R,· Ripo» (/-fj~J!Ii"IJ) l-I<",sjll~ COllfirtll,/(iollOrder 1938, Whirr ,lIId Cctlins v .\(i"i)(a off-/rahh 1193')12 KU IUH.II 93913 All EH 54H.CA.

Usually occupied. The words "usually occupied with a dwdling Ii0 use" rd;:r only co "park"; see Peasr»Courtnev (1904) 2 Ch 503, 48 SolJo 622.

Crown land. As to the application of this Part of this Act in relarion to Crown land and to trees growingthereon, see s 33 POSI.

London. This Part of this Act does nor apply to trees standing or growing on land within the area ofGreater London other than the outer London boroughs: see s 36 POSI.

Definirions, For "the Commissioners", "held inalienably", "National Trust" and "National Trust forScotland", see s 49(1) POSI: for "felling" and "tree preservation order". sec s 35 post; and for "owner" inrelation to trees, see s 34(1). (4) post. Nore as co "felling direcncns'vsub-s (I) above.

19 Restrictions on Commissioners' power under s 18

(1) Felling directions shall not be given in the case of-

(a) fruit trees or trees standing or growing on land comprised in an orchard,garden. churchyard or public open space (as defined in section 9(6) above);

(b) trees on land which is subject to a forestry dedication covenant or agreement;or

(c) trees which are being managed to the satisfaction of the Commissioners inaccordance with a plan of operations or other working plan approved bythem as mentioned in section 14(1) above, but otherwise than under a forestrydedication covenant or agreement.

(2) If an application for a felling licence is made to the Commissioners in the case oftrees to which a tree preservation order relates and the Commissioners refer theapplication under section 15 above to the authority who made the order, then $0 long asthe order remains in force no felling directions shall be given in respect of the trees.

(3) If the Commissioners propose to give felling directions in respect of trees towhich a tree preservation order relates, they shall give notice in writing of the proposalto the authority by whom the order was made; and if within the prescribed period afrerthe receipt of the notice the authority object to the proposal and do not withdraw theobjection, the Commissioners shall nor give the directions except with the consent ofthe Minister, who shall consulr with the said authority before deciding whether to grantor refuse his consent.

(4) In subsection (3) above "the Minister" in relation (0 England. means the Ministerof Housing and Local Government and not the Minister of Agriculture. Fisheries andFood.

NOTES

Plan of operations. See the note to sl4 ante.Notice. For provisions as to notices. sec ~ 30 pme.Writing. See the note to S 5 ante.Consult. See the: nore "Consulrarion" [0 s 12ante,England; Minister of Housing and Local Government. See the notes (0 s 15anrc.

Crown land..... s [0 the applicarion oi rhis Parr of elm i\Ct In relruon coCrownlJlld J1I<1 to ccen ::r"Wlll~

chereon.we s J3 pose.London. This Part of this Act Joe, not apply to trees stunding or growing 011 bnd wirlun the .lreJ "I'

Greater london other than the outer London boroughs: lee, 36 post.Definitions. For "rhe Commissioners". sec, 49(1) po,e; lor "felling drrccnons". 'fdhn~ IiCCI1,·,·".

"prescribed" and "tree preservation order", ICC I 35 post: uud lor "forestry dedicarion CO\'CIl.l1ll or .l~reement".

sees 5(\) ante.Regulations under this section. The Forestry (Felling of Trees) Regulanons 1979. 51 1979(791 lCe

pardy made under sub-s (3) above: sec. in particular. reg 9 of those Regulations willch prescribes J period or'<,,1<.'1l1011Ih li,r the purposes ofsub.., (3) ,,!Jove.

For gcneral provisious as CO reguluuous under this PJrt of ellIS Ace. see , 32 pme.

20 Review of felling directions

(1) lfJ penon to whom fdlingdirectiom are given in respc:cc ofJny trees is aggrievedby the directions on the ground that the tdling is not expedient as mencioned in section18(1). he may by notice served within the prescribed time and in the prescribed mannerrequest rhe Minister co refer the rnarrer co a committee appointed In accordance withsection 27 below and the Minister shall. unless he is of opinion that the grounds lor therequest are frivolous, refer the rnarrer accordingly.

(2) The committee to whom a matter is referred under this section. after cornplvingwith section 27(3), shall thereupon make a report on the reference co the person bywhom the notice was served and to the Commissioners. and the Commissioners shallconfirm. withdraw or modify the directions in accordance with the report.

NOTES

General Note. This section II supplemented by 123 post. See ulso s 21 post.Person ... aggrieved. See the note to s 6 ante.Notice. For provisions JS to service. sec, 30 pmt.Crown land. As to the application of this PJrt of rlus Act in reluticu to Crown land ,1l1d 10 trees ~ro\\"lng

thereon. see s 33 post.London. This Parr of this Act doc> nOl Jpply to trees stJllJing or growing on land within the JreJ ot"

Gresrer london other than ehe outer london boroughs; see s 36 PO\t.Definitions..Fat "the Comnussioners't and "rhe Minister". see 149(1) po>t; Jnd for "ti:lling direcnons" and

"prescribed". sec s 35 post.Regulations under this section. The Forestry (Felling of Trees) Rcgularions 1979.51 1979/971 are

partly made under sub-s (I) above; see, 10 particular. reg 10 of those Regulations.For I;eneral provision, as to rcgulauons under tim PJrt of elm Act. sec s 32 po,t.

21 Courses open to person adversely affected by felling directions

(I) The provisions of chis section shall have effect where a person to whom tellingdirections are given claims rhar compliance with the directions would involve him in J

net loss after taking into account any benefit arising therefrom in respect of other treesof which he is the owner.

(2) The person may by notice given to the Minister in the prescribed manner andwithin rhe prescribed period-

(a) if he has the right to sell the trees tor immediate telling. require theCommissioners co buy the trees co which the directions relate; or

(6) in any case, require the Minister coacquire his interest in the land arfecred bythe directions.

A notice under this section reguiring the Minister to acquire an interest in land shallbe deemed to include an offer by the person entitled to rhar interest co convey to theMinister such easement or servitude or other right for the benefit of the land overadjoining land in which chat person has an interest as may be agreed between thur personand the Minister or as may. in default of agreement, be determined in accordance withsection 31 of this Act.

(3) The Minister may within the prescribed period alter receiving the notice either­

(a) accept the notice; or(b) refer it to a committee appointed in accordance with section 27 below: or(c) revoke the directions to which it relates.

(4) The committee to whom a matter is referred under this section. after complyingwith section 27(3), shall thereupon make a report to the Minister and to the person bywhom the notice under this section was given and shall st:lte-

(a) whether in the opinion of the committee compliance with the fellingdirections would involve that person in such a loss as aforesaid; and

(b) ifso, what modifications (ifany) of the directions would be sufficient to avoidthat loss.

(5) Where the committee report that compliance with the directions would notinvolve the person in such loss as aforesaid. the notice shall be of no effect; but in anyother case the Minister may. within the prescribed period after receiving the report.either-

(a) accept the notice; or(b) revoke the directions; or(c) modify the directions in accordance with the report.

according as he thinks fir.(6) If within the prescribed period after receiving a notice or the report of a

committee under this section the Minister has not taken any such action as is authorisedby subsection (3) or subsection (5) above. as the case may be. the directions to which thenotice relates shall cease to have effect at the expiration of that period.

(7) In determining for the purposes of this section whether compliance with fellingdirections would involve a person in a net loss. regard shall be had to any compensationreceived by that person under a tree preservation order in respect of a refusal of consentfor the felling of the tree.

NOTESGeneral Note. This section issupplemented by s 23 post. Sec also 5 20 ante.Net loss. Note sub-s (7) above.Notice. For provisions as to service. sees 30 post.Acquire. For provisions as to payment out ot'rhe Forestry Fund. see 5 ~2(1) pOlLThinks fit. See the note "Think tit" to 5 2 ante.Crown land. As to the application of this Part of this Act in relation to Crown land and to trees growing

thereon, see s 33 post.London. This Part of this Act does not apply to trees standing or growing on land within [he area 01

Greater London other [han [he outer London boroughs; see s 36 pOSLDefinitions. For "the Commissioners" and "[he Minister".see s ~9(1) POS[; for "felling", "felling directions".

"prescribed" and "tree preservation order", sec s 35 post; and for "owner" in relarion [0 trees. see s 34(1). (4)post.

Regulations under this section. The Forestry (Felling of Trees) Regulations 1979. SI 1979/791 arepartly made under sub-ss (2), (3). (5) above: see. in particular. reg 11 of [hose Regulations. For generalprovisions as [0 regulations under this Part of thrs Act. see 5 32 pOSL

22 Consequences of acceptance by Minister of notice under s 21

(1) The following shall be the consequences where a notice given by a person undersection 21 is accepted by the Minister.

(2) The felling directions in respect of which the notice WJS given shall cease to haveeffect.

(3) If the notice requires the Commissioners to buy trees to which the directionsrelate. the Commissioners shall be deemed to ha ve contracted with that person to buytrees on the date of :lcceptance of the notice at such price and on such terms (including

terms as to the time within which the Commissioners may fell and remove the trees) asmay in default of agreement be determined in accordance with section 31 orthis Ace

(4) If the notice requires the Minister to acquire the person's interest in the landaffected by the directions,-

(a) the Minister shall be deemed to be authorised to acquire that interestcompulsorily under section 39 of this Act and to have served a notice to treatin respect thereof on the date of the acceptance of the notice;

(b) the interest shall for that purpose include any such easement or servitude orother right as, by virtue of section 21(2), the person is deemed to have orfercdin his notice to convey.

(5) The power conferred by section 31(1) of the Land Compensation Act 1961 orsection 39( 1) of the Land Com pensarion (Scotland) Act 1963 to wirhdru W J notice totreat shall nut be exercisable in the case ofa notice to treat which is deemed to have beenserved by vinul' uf rhissccrion.

NOTES

Notice. For provisions as to service. see s 30 posr.Acquire, For provisions as to payment out otrhe Forestry Fund, see s 42(1) posr.Crown land. As to the application at this Pan at this Act in relation to Crown land and to trees growing

thereon. see s 33 POSI.

London. This Pan of this Act does not apply to trees standing or growing on land within the area ofGreater London other than the outer London boroughs; see s 36 post.

Definitions. For "the Commissioners" JI1d"the Minister". see I 49(1) post; and for "felling directions". sees 35 poSt.

Land Compensation Ace 1961, s 31(1). See Vo/9, title Cornpulsor y Acquisrrion.Land Compensation (Scocland) Act t 963. 1963 c 51 ; not prinred in rhrs work,

23 Proceedings in respect of felling directions

(1) A request under section 20 of this Act, and a notice under section 21 of this Act.may be made and given in respect of the same directions; and regulations made by rheCommissioners under this Part of this Acr may make provision tor securing-

(a) that in any such case proceedings under those sections respecri vely on therequest and on rhe notice are taken concurrently:

(b) that proceedings on any such request or notice in respect of any tellingdirections may be postponed until the expiration of the period within whicha notice or a request, as the case may be, might be given or made in respect ofthose directions.

(2) Felling directions shall be inoperative until the expiration of the period duringwhich such a requesr or notice as aforesaid may be made or given in respect of thedirections and, where a request is made or a notice is given. until the conclusions of anyproceedings under section 20 or 21 pursuant to the notice or request.

NOTES

This Part orchis Ace. le Pr II (ss9-36) of this Act.Crown land. As to the application of this Part of this Act in relation to Crown land and to trees growing

thereon, see s 33 post.London. This Part of this Act does not apply to trees standing or growing on land within rhe area at

Greater London other than the outer Landon boroughs; see s 36 past.Definitions. For "the Commissioners", lee s 49( I) POst; and tar "felling directions". sec s 35 pOSLRegulations under this section. The Forestry (Felling of Trees) Regutaricns 1979. SI 1979(791 are

partlv made under sub-s (I) above: see. in particular. reg 12 of those Regulations.For general provisions as to regulations under tim Part of tim Act, sec \ 32 p"'L

~)H(I V\ II III II 11(\.\ III Y

24 Notice to require compliance with conditions or directions

(1) The provisions of chis section shall apply if-

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

(b) any telling directions given by the Commissioners are not complied wirh,

(2) The Commissioners may give to the person responsible a notice requiring suchsteps as may be specified therein to be taken within such time (not being less than theprescribed period after the notice has become operative) as may be so specified forremedying 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 ownerof the land; and

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

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

(4) Without prejudice [0 the powers of the Commissioners under the foregoingsubsection, a person who without reasonable excuse fails CO take any steps required by anotice given to him under this section shall be guilty of an offence and be liable onsummary conviction to a fine not exceeding [level 5 on the standard scale]: andproceedings in respect of such an offence may be instituted within six months of the firstdiscovery of the offence by the person taking the proceedings. provided that noproceedings 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 ortake 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.

NOTES

The reference to level 5 on the standard scale in sub-s (4) is substituted by virtue 01rhe Criminal justiceAct 1982. ss 39(2), 46. Sch 3. Vol 27. title Magistwcs.

Conditions. Conditions may be attached to a telling licence under s 10(2) ante, except where s 12(2)anteapplies. For the conditions which may be so attached.see s 12(1) unre,

Notice. For provisions as to service. see s 30 post. See also as to appeals, s 25 pOSI.May .•. enter, etc. For ancillary provisions. see s 26 post.Reasonable excuse. What is J reasonable excuse is largely a question offacr; cf Lt'rk II Epsom RDC (1922}

I KB 383.p 922} All ER Rep 784. Yet it is clear that ignorance of the srarutorv provisions provides noreasonable excuse (cf ,l/Jridgt II Warwirkshi,t Coal Co LId (1925) 133 LT 439. CAl. nor does a mistakenview of the e/fect of those provisions (R I' P/li/ip RtiJ (1973} 3 All ER 1020. (19731 I WLR 1283, c.... ).Quaere: whether reliance on the advice ofan expert can amount to a reasonable excuse.see Sodd/two"/I l'DC".-{ggrtg,lItand ,'i'lIId Ltd (1970) 69 LGR 103.

Once evidence of a reasonable excuse emerges, it is for the prosecution to eliminate the existence of thatdefence to the satisfaction of the coure: see R I' Clorkrll969j 2 All ER 1008. (1969}1 W LR 1109, CA.

Summary conviction; standard scale. Sec the notes to s 7 ante.May be instituted; first discovery of the otfence. Sec the notes to s 17 ante,Within six months, etc. See the note ·Within three months. ere" to s 13 ante.Two years after. Cf the note "One year fra III , ere" to s 1(/ ante.Crown land. As to the application of rhis Part of this Act 111 relation to Crown land and to trees growll1~

thereon. see s 33 post.London. This Part of this Act does not apply to trees standing or growing on land within the area 0

Greater London other chan the outer London boroughs: sec s J6 pOll.Application to restocking notices. This seclion Jud s 25 POSI also apply in relancn to J rcsrockin,

nor ice (;1$ to which. see s 17A ante) as if the reterenccs to a felling licence were references to such a notice: ses 17C ante.

Definitions. For "the Commissioners", sec s ~9(1} pust: for "felling directions", "felling licence" In,·prescribed".see s J5 post; for "owner" in relation ro land, SL'e s 3-1(1). (2) post; and for "owner" in relation rtrees, see I 34( I), (4) pOSI. Note as 10 "the person responsible", sub-s (2) above.

He.,;."""'u,,'\ HIUh·, Ilu\ "~ItI"Uo l1.t· IlIl,-,tt) d "ill",.:. ••, I H'I·'.) '{~ t1.\11'-'h.n o, t',,·,. ',1 t'I/ll]/1/1 .Ill'

p.lrtly III.ld~ uu.lcr ,"h·, (2) .,h",·,·: wc, '" p.lrt 'lllLII. I"~ 1.\ "I dl",e Ih·~lrI.II'"'I\..1\ ,"11\1111111'.1 1.\ \1 I'IS 71(>'>2 which pn'\l'nh", dl~ p"'lIlld ti'l till: I'"rp"'''' "r rh.ll ",I"~lll'"\ ,1\ thr cc ",,"lth\.

For ~"\\"rJ\ prl\\'\\lI\\\\ .~\ In r,\!,\\lJllllll\ under this I'JrI ,,1'1\m 1\<:1. we \ ~2 1''''1.Spcciu l t rans it iouul provisions, Fur \peclal (raml[lonal pro\'I\IOn-. ,\'o )ch 6. par~ :> pust

25 Appeal against notice under s 24

(l) If a person to whom a notice under section 24 is given claims-

(a) that the works in question have been carried out in accordance with theconditions of the felling licence or, in the case of felling directions, that theyhave been complied with; or

(b) rhar the steps required by the notice to be taken are not required by theconditions or directions,

he may by a notice served on the Minister III the prescribed manner and within theprescribed period after the receipt of the notice under section 24, request the Minister torefer the matter to a committee appointed in accordance with section 27 below.

(2) A notice under section 24 shall be inoperative until the expiration ot' theprescribed period for the purposes oi subsection (1) above and, where a request to theMinister under that subsection is made, until the conclusion of any proceedings underthis section in pursuance of the request.

(3) Where such a request is nude by a person receiving J notice under section 24, theMinister shall. unless he is ofopinion that the grounds for rhe relJuest are frivolous. referthe matter accordingly ro a committee so appointed.

(4) The committee to whom a marrer is referred under this section. after complyingwith section 27(}). shall make J repon on the reference to the Minister and the Ministershall. afrcr considering tilt.' report, confirm or caned the notice to which the referencerelates,

NOTES

Notice. For provision> a, to service. see s 30 1'0\1.

Crown land. A; to rhe application or"this Pan or this Acr In relarion ro Crown land and to trees !;rowin!;thereon. see s 33 po;!.

London. This l'.rt or" this Act Iloc> not apply to trees >tJnding or growmg on land witum 1\),' H~~ \)(Crearer London other than the outer London borough>: >co s 36 pm!.

Definitions. For "felling directions', "felling licence"and "prescribed".,et· S 35 posr; and for "the Minnter",see S 49( 1) post.

Application to restocking notices. See the note ro , 24 ante,Regulations under this section, The Forestr y (Felling of Trees Hegulations 1979, 51 1'179{791 Jre

partly made under sub-s (1) above: se~. in particular, r~g I-Jor rhose Regularions. JS subsrirured bv SI 19'137 i632.

For general provrsions J> III regulauons under this Part "r this Acr, >" c >32 post.Special transitional provisions. For special rran,lllllllal pnH'l>lt>Il>"n' Sch 0. para 3 pm!.

26 Expenses etc in connection with notices under s 24

(I) If the Commissioners, in the exercise of their powen under section 24, enter onland and take any steps required by a notice under that section. they may recover fromthe person to whom the notice was given any expenses reasonably incurred in connectiontherewith.

(2) The Commissioners may remove and either retain or dispose of trees felled bythem in the exercise of their said powers. and shall. on J claim made in the prescribedmanner by the owner of any trees so removed. pay co him a sum equal to the value ofthose trees alter deducting any expenses reasonably incurred by them in connectionwith the removal or disposal.

582 VOL 18 FORESTRY

(3) Subject to any express agreement to the contrary. any expenses incurreperson for the purpose of complying with a notice under section 24. and any sunby a person in respect of expenses of the Commissioners under that section, sldeemed to be incurred or paid by that person-

(a) where the notice relates to works required to be carried out in pursu.conditions of a felling licence. tor the use and at the request of the apfor the licence;

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

(4) Any sums recoverable by or from the Commissioners under this section I

recovered as a simple contract debt.

NOTESMortgages and settled land. For provision as to claims for and payment of compensation"

interest of the owner of the trees is subject to a mortgage or where the owner of trees comprsettlement is a tenant for life impeachable for waste in respect of the trees. see s 29(1), (3). respective

Crown land. As to the application of this Parr of this Act in relation to Crown land and to treesthereon. see s 33 post.

London. This Parr of this Act does not apply to trees standing or growing on land within ItGreater London other than the outer London boroughs: see s 36 post,

Application to restocking notices. Sub-ss (I). (3). (4) above also apply in rdation co a rescocki(as to which, see s 17:\ anre) a, ii the references to a ielling licence were references to such a noticethe reference :n iUC-; 13} :0 :he .pphCJm ior the licence were a rererence :0 the person on \\r~tV<:'~;n" ::ori.:c ::"i ~~~n s.:r\'C'i: iIX i ~ -C J1H~.

Definitions. For -:he Comrnissioners". see ; .I'll! ~ p,'H; tor "telling", -l"cilin~ directions". "tellin,anJ "pre>enced", lee; 33 FVH; .nd ior ",)\,'ner"III rehncu rc trees. see I 3.1;1". \.1,\ POSI.

Regulations under rhis section. The Foresrrv ..Felling oi Trees) Re5ulJlions /9i9, 51 197~

parrlv made under sub-s (2) above; sce.rn particular. reg 15 orrhose Regulanons.For gcnenl proVIW'II\.1 [I, rcgulawm\ under rhl' Put"i rhl' Act, 'cc, 32 povr.

Supplementary

27 Committees of reference for purposes ofss 16, 20, 21, 25

(1) References in sections 16. [17B.] :W. 21 and 25 of this Act to a corappointed in accordance with this section are to a committee consisting ot:"'-

(a) a chairman appointed by the Minister; and(b) two other members selected by the Minister from a panel of'persons ap

by him. after such consultation as is provided for below, for the cons.in which the trees arc growing:

Provided that no Forestry Commissioner or person employed by the Comrnishall be a member ofany such committee.

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

(II) the regional advisory committee for the said conservancy; and .(b) organisations appearing to the Minister to represent the interests of

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 COl

appointed in accordance with this section s11;l1l-

(,I) alford [0 the person concerned with the subject-matter of the refe:opporruniry ofappearing before them and of making representationson the matter in question:

(b) if they think fit. or are so required by the said person. inspect the treeto which the reference relates: and

FORESTRY ACT 1967 \ 29 583

(c) take into consideration any information furnished to them bv rheCommissioners as to the performance within the conservancy in whi~h thetrees are growing of their duty of promoting the establishment andmaintenance in Great Britain of adequate reserves ofgrowing trees.

For purposes of this subsection "the person concerned with the subject-matter of thereference" is the person at whose request the reference was made. except that in the caseof a reference by the Minister ofa notice under section 21 it is the person by whom thenotice was given.

(4) The Minister may pay to the members of a committee appointed by him underthis section Stich remuneration as he may. wich the consent ofche Treasury. determine.

NOTESThe word in square brackets in sub-s (I) was inserted by the Forestry Act 1986, s 1(b).Committee. See also, as to supervision of committees tor the purposes of s 20 or 21 ante by the Council

on Tribunals, the Tribunals and Inquiries Act 1971, ss 1-3, Sch I, para 7, Vol I0, title Constitutional law (Pt~), in conjunction with Sch 6, para I (~) POst; and see ss 5, 8, 10, 12, 15, 16 of the 1971 Acr, Vol 10. rideConstitutional law (Pt ~).

Consultation. See the note co s 12 ante.Appearing. See the note "Appears" to s 10 anre.This Part of this Act. Ie Pt IJ (ss 9-36) ot'this Act.Think fit. See the note to s 2 ante.Great Britain. See the note to s I ante.Treasury. See the note to s 10 ante.Crown land. As co the rpplicancn otthis PHt orthis Acr In relanon to Crown land rnd ro trees ~rowln~

thereon. see s .3 pOSL

London. This Parr or this Act does nor Jpply ro trees Handlllg or growing on land within :heareJ orGreater London or her rhan the outer London boroughs: see s 36 paS!.

Definitions. For "the Commissioners" and "the Minister", see s ~9(1) post; tor "conservancy". see s .35post; Jlld tor "owner" III rclauon to land, see s :l4( I). (2) pmt,

28 Identification of trees

A person authorised by the Commissioners may take such steps. whether by marking orotherwise, as the Commissioners consider necessary for identifying trees which are thesubject of a felling licence or felling directions. or in respect of which a felling licencehas been refused.

NOTESClown lands. As to the application of this Pan of this Act in relation to Crown land and to creel growing

rh<'re'>n.sc<' I 3) post. .London. This Pan of this Act docs not apply to trees standing or growing on land within the area 01

GrCJICr London orher than the outer London boroughs; see s 36 post.Definitions. For "the Commissioners", see s 49(1) post; and for "felling directions" and "fdling licences".

see s 35 post.

29 Provisions relating to mortgages, heritable securities and settled land

(I) Where: the interest of the owner of trees in England or Wales is for rhe time beingsubject ro a mortgage-

(<I) a claim for any compensarion or sum payable under section II or section 26of this Acc in respect otthe trees may be made either by che lIlurtgagor or bythe mortgagee or:

(I» in either case the compensation or sum shall be paid to the mortgagee or, ifmore than one. co the first mortgagee, and shall be applied by him as if itwere proceeds of the sale of the trees.

(2) (Applies to Scotland ollly.)

584 VOL III fOnESTHY

(3) Subject to the foregoing provIsIons of this section, where the owner of t!comprised in a settlement within the meaning of the Settled Land Act 1925 is a tel'for life who is impeachable for waste in respect of the trees, any compensation or spayable under section 11 or section 26 of this Act in respect of the trees shall be pai.the trustees of the settlement, and shall be applied by them in accordance with sec:66(2) of the Settled Land Act 1925 as if it were proceeds of sale of timber cut andwith the consent of the trustees under that section.

NOTES

England; Wales. See rhe note co15 ante.Settlement. On what is ~ serrlernenr under the Serried Land Ace 1925, see I 1 thereof Vol 48, tide -:

and Serrlernenrs (Pr 2); and leeahosl17(1)(:o:iv) of rhar Ace.Tenant for life. On whar is a renanr tor lire under rhe Serrled Land Acr 1925. lee 119 thereof V

title Trusts and Serrlcrnenrs {Pr 2).Impeachable for waste. A tenant to,' lite is impeachable tor waste unless by ehe rerms ot'rhe serck

he isexpresslv made ununpeacluble tor ",aHC: sec -12 Halsbury's Laws (4th cdn) para 992. See also, gen.as co Iiabilirv lor waite, -12 Halsbury's Laws \-leh edn) pJrJ1992. 1007. 1100.

Crown land. :\s ro the applic.mcn or' this Parror' rhu Act in relation to Crown land and eo creel gr'thereon, lee I 33 post,

london. This Pace otrhis ;\Ct does nor lpply [0 trees standing or growing on land within rhe aGreater London other chan the outer London boroughs: lee I 36 pale.

Definitions. For "ruortgage" (and "mortgagee"). ICC 135 pose: and lor "owner" in relation co eres 34(1), (.I) pOIC.

Settled land Act 1925, s 66(2). See Vol-l8. urle TruSCI and Serrlemenrs (Pr 2).

30 Service of documents

(I) Any document required or authorised to be served under this Parr of thimay be served on a person either by delivering it to him. or by leaving it at his Paddress, or by sending it through the post in a registered letter addressed to him aaddress or in a Jetter sent by the recorded delivery service and so addressed.

(2) Any such document required or authorised to be served upon an incorpccompany or body shall be duly served if it is served upon the secretary or clerk (company or body.

(3) For the purposes of chis section and of section 26 of the Interpretation Actthe pro~r address of any person upon whom any such document as aforesaid isserved shall, in the case of the secretary or clerk of an incorporated company or bothat of the registered or principal office of the company or body, and in any othebe the last known address oi the person to be served:

Provided that, where the person to be served has furnished an address for servi

proper address lor the said purpose shall be the address furnished.

(4) If ir is not practicable to ascertain the name or address of an owner, le:occupier otIand on whom any such document as aforesaid is co be served, the docmay be served by addressing it to him by the description of "owner", "less"occupier" of the land (describing it) to which it relates. and by delivering it t(responsible' person on the land or, ii there is no such person on the land to whombe deli vered, by affixing it or a copy of it to some conspicuous part of the land.

(5) The Commissioners may, for rhe purpose of enabling them to serve or gidocument or direction under this Part of this Act, require the occupier of any laany person who, either directly or indirectly, receives rent in respect ofany land.in writing rhe nature ofhis interest therein and the name and address ofany otherknown to him JS having an interest therein. whether as a freeholder or owner, moor creditor in J heritable security. lessee or otherwise: and anyone who. havii

required in pur~uancc of this subsection to give any information. fails [0 give it, orknowingly makes any mis-statement in respect thereof, shall be liable on summarycan vicrion coa tine not exceeding [level 1 on the standard scaleJ.

NOTESThe reference to level 1 on the standard scale in sub-s (5) IS subsntured by virtue at the Crirmnal justice

Act 1982. ss 38,46, Vol 27. title Magistrates. The maximum line was previously increased to £to by theCruuinal jusrice Act 1967.s 92(1),Sch 3, Pt I.

This Part of this Act. le Pt II (ss9-36) of this Act.May be served, etc. As this provision is permissive onlv. it is dear that, where a nonce is served in J

dirferenr manner and is received, this constitutes good service: see SI""p/(y.' .Hallby [194211 KB 217. subnom Re Sllarpley's and ,\-Ianby's r!rbitration [1942J I All ER 66. C:\. and 51)'/0 Sl,orl LId I' Prim Tailors Ltd{1960J Ch 396,1195913 All ER sot.

Leaving it at his proper address, If a notice is served in this way it must be lett in a manner which.reasonable person. minded to bring the docurnenr to the attention of the person to whom it is addressed.would adopt: sec Lord l"hll'borougIJ v[ones (19751 Ch 90.11974]3 All ER 17. CA.

Through the post, etc. Sec as to non-delivery where the time of service IS relevanr. R v London Quane<Scssiolls,(x p Rossi[195611 Q£3682. (1956J I All ER 670.C ..\.and Beer I' Davies (195812 QB 187.p958}2A.ll ER 255. and in other cases, ;'v/rJ()dy I' Codsione ROC (1966\ 2 All ER 696. (1966} I WLR 1085(distinguished in Tl,olllas Bishop Ltdv Helmville Lid [1972J I QB 464. [197211 .... 11 ER 365. c.... )and .\(a(lg(,ld(Lid v SI Alball's RDC [197213 All ER 129. {1972JI WLR 1230. Sec also. in particular. Burr v Kirkraldy[196511 All ER 741. (1965jl WLR 474.

Incorporated company. See also as to service on a company (within the meaning of the Companies Act1985. Vo18. nrle Cornpaniesj.s 725 of the 1985 Act.

Registered or principal office. As to the registered orfice at a company. see [he Companies ....cr 1985.s 287. Vol 8. tide Companies. The "principal office" is the place where the business at the body corporate ismanaged and conrroiled as a whole: see Garton v Greal Wwmr Rly Co (1858) EB &: E 837; Palma vCaledonian Rly Co [/89211 QB 823: and Clokey v London and Non}: WWl"ftl Rly CrJ [1905 J 2 lR 25 I.

Lase known address. Though as a general rule an address which rhe penon concerned is known ro haveId[ IS om a proper addrm lor service (White v W(S/Ol, (1908/ :2 QB 6n. 11968 J 2 All ER 842. C\). [hep(nmon is ocher wise where the lise at the last known address is exprcjj)y all/horised iR« Follid:. ex p Trustee(I Wi7) 97 LT (45). However. service at the b51 known address in England or Wales is not good If a laterJddre:» Jbroad is known (R I' l'arlllal189211 Q13637.111N!-41 ..\J) EH Rep lJ21. C ..\). For other rclcv.inrcases. ,l'e }-},U/FOII'J Trustees I' [r'<lm (1887) 4 TL H 128; N /' ll"'b!J !lll96) I QU 487; [Jary " F."",II' !191411KB 632; Stvlo Slum Lid" Prim Tailors Ltd [19601 Ch 396. (J9591 3 1\11 ER 901; and .\fcC/}'/JII" Slr'lI'IITI1974SLT230.

W rieing. See rhe nore to s 5 .mre,Knowingly. Knowledge is an essennal ingredient ot the orience and must be proved bv the prosecurion:

see. III parricllbr. C.JIUIJOII/ Brili511 Oistriblltors Lid" Henry 11'.139)2 KU 71 \.1 \939\2 All ER 808.Knowledge includes the state of mind at a person who shurs Ius eyes to the obvious ; see j.IIIICS & SOil I.ld I'

S/lla /l955J I QB 78 .It 91.[19541 3 A.1l ER 273 a[ 278 per Parker J. JIld lI"'slIIlIlIscer Cily Counril vCrrJy"lgrllllge LIdIt986J 2 All ER 353. (1986J I WLH &74. HL. Moreover. there is authoritv tor sa\'lng tlwwhere a perSOIl deliberately refrains from making int.jlliries the results 01 wluch he might nat care to have.chis constitutes in law actual knowledge at the facts in quesnon: lee KilO.\' I' Boyd \941 JC 82 at 86; '1'llyl<,,';Conral C,Jr<JgfS (E.\'fIfT) Ltd I' Roper (1951) IIS)P H5 at 441). 450. \1951\ WN 3113 per Devlin j : andH'eSrJllillSrfr City CvllllriJ v Croyalgr'II,.~e Lid above: and see also .\1.111011 I' .il/vlI {I'.1641 I Q£3 385 at 394.il9631 3 All ER 843 at 847. Yet mere neglect to ascertain what could have been tound out by makingrcusouable inquiries is not tanramcunr to knowledge: ,e:~ ·l'.'ylo's Cmtral C,IT"~fS (Exet«« I I.ld I' Roper aboveper Devlin J,and cf LOl/doll COllrpUlal()r Ltd I' Seymour IIIJ44\ 2 .'\11 EH 11: but see also .\(,111011 I' .-111011 above.

1\1 to when the knowledge of an employee or agent may be imputed to his employer or principal. see\ I (I) Halsbury's Laws (4th edn reissue) para 55.

Mis-statement. A statement may be false on account of what it omits even though ir IS literally true: seeR I' Lord Kylsall/ (193211 KB 442. [19311 All ER Rep 179.Jod R I' BisllI~~',1lI (1936jl All ER 586: and ct'Curns I' ChemicalOfallil,.g and Dyeing Co Lid 1195111 KB 805 at 80M.S09. [195111 All ER 631 at 634. C ..\.Whether or not gain or advantage accrues from the tabe statement is irrclcvunr: see[on«: " .\(raly.1rd (19391I All EH 140: Slt"'fIlS & Sln·tls !.Jd"lid Evalls I' Kill.~ II 'N3l1 All El~ J 14; CIt'lIr " S/II;/I, It 'JH I 11 WlH 3')(1.

II'JHlliCrim L!{ 24(,; JIld Barross v Reeve P'JHOI3 All EI{ 70S. II'JH! II WLH 401l.Summary conviceion; standard scale. See the note to s 7 alICe.Local authorities. For provisions as to sending or serving documenrs ro or on IOCJI aurhoririe-; see [he

Local Government Acc 1972. s 231. Vol 25. tide local Government.Crown land. As co the application of rhis Part otrhis ....cr rn rdacion co Crown land and to trees ~rol\'in~

thereon. see s JJ posr,London. This Part of chil Act dOl'S noC appl y co rrees slJIlding or growrng on land within [he: area 0/

GIl':Jcer London olht'r than the aliter London boroughs: see s 36 p",r.Extensions in relation to compulsory purchase, TIll> ,ecrlt)JJ IS l'x[l'lldl'd b\' Sdl 5. parJs 2(2). 7(2)

1'0'(,

Definitions. For "heritable security" and "mortgage". see I 35 post, and for "owner" 11\ relation til I.nd. ICC

s :l4( I). (2) post.Interpretation Act 1889, s 26. Repealed by the lnrerpreration ..\ct 1978. s 25(1). Sch 3. and replaced bv

s 7 of. and Sch 2. para 3 to. that Act. Vol ~ I. tide Srarures. .

31 Determination of matters arising under ss 11, 14, 21 and 22

(1) ~her.e a provision of this Part of this Act requires a thing to be determined inaccordance with this section. that provision shaJl-

(a) in its application to England and Wales. be taken as requiring it to bedetermined by the Lands Tribunal; and

(b) (applies 10 Scorl'lIId ,mly).

(2) (Applies to Scotland oll/y.)

NOTESThis Part of this Act. le Pt II (IS 9-36) of this Act.England; Wales. Sec [he note to s 5 ante.Lands Tribunal. The lands Tribunal was established by the lands Tribunal Act 19~9. s I. Vol 9. rirle

Compulsory Acquisition. Sec also, in particular. s :Iof that Act (and the rules made thereunder), ior proV\IIOIII

as to procedure, appeals. costs. etc.Crown land. As to rhe application oi tim Part 01 this Act in relation to Crown land and to trees growing

thereon. sec s 33 pall.London. This Part 01 this Act does not apply to trees Handing or growing on land wuhin the area oi

Greater london ocher chan the outer london boroughs; sec I 36 post.

32 Regulations

(1) The Commissioners may. subject to their duty ofconsultation under section 37(2)below. by statutory instrument make regulations for prescribing anything which bythis Part of this Act is authorised to be prescribed.

(2) A power conferred by this Part of this Act to prescribe the manner in which aclaim or notice may be made or given thereunder shall include powa to require thatany particulars specified in the claim or notice shall be verified by srarurory declaration.

(3) A statutory instrument containing regulations made under this Pare of this Act­

(a) if the regularious are made under section 9(5)(b) or (c). shall be of no effectunless approved by a resolution ofeach House of Parliarnenr: and

(b) in a case not falling within the foregoing paragraph. shall be subject toannulment in pursuance ofa resolution ofeither House or Parliament.

NOTESConsultation. See the note [0 s 12anre,Statutory instrument. For provisions as to statutory instruments generally. lee the Sraturory Instruments

Act 1946. Vol 41. [ide Statures.This Part of this Act. le Pt II (IS9-36) otthis Acr.Statutory declaration. l e J declaration made by virtue 01 the Statutory Declarauons Acr lIDS. V\11 17.

ride Evidence: sec the Interpretation Act 1978. s 5, Sch I. Vo141. ode Srarures.Subject to annulment. As to statutory instruments which arc subject to annulmeut. see the Statu lory

lnstrumenrs Act 1946. ss 5(1).7(1), Vol ~ I. title Statures.Crown land. AI to the application ot' this Part otthe Act ill relauon to Crown l.uu] .ind to trees ~rllwlllg

thereon. see s 33 poll.London. This Part 01 this Act docs not Jpply to trees >tJndlOg or growing on land within the JreJ 01

Greater london other chan the outer London boroughs; sce s 36 plhl.Definicions. For "the Ccmuussioners". sec s 49( 1) post: and ttlr "prescribed". s,'e s 35 1'011.

Regulations under this section. The Forestrv (Felling Ill'Trees) Hegubtiulls 1')7'). SI I ')7<)/79 I JIll! rheForestry (Exceprions trorn Resmction of Felling) Rcgularious 1979. SI 1979/792. as JCllenJ,·d bv rhe G.IS Act

IlJl$6 (CvlI'C'lllCIHI.11 fvh>dll;ollom 01 Suborduuic lC~l>I.IlIC)n)0rdcr \»s«. Sl \ 'l~hl\ JS(l.SI 1·1t!~/'J7\l. thc'Elecrricuv Act 1')ll':l (Cousequcurial Mcdilicauons of Subordinate lCl:\I,lJlIIlll) Order 1'.190.51 1')9,)/;:'6.

Regulanon 16 vi the firsr-menricncd Regulations. a; vub-ntutcd by 51 I,!K7/632. provide, ior vcnficauonby \IJcutory dcclararion of purt icularv ill J clauu or 1I011ce.

33 Application of Part II to Crown land

(1) In this section "Crown land" means land an interest in which belongs [Q HerMajesty in right of the Crown or of the Duchy of Lancaster. or to the Duchy ofCornwall. and land an interest in which belongs to a government department or is heldin trust for Her Majesty for the purposes of a government department.

(2) Subject ro the following provisions of this section. the provisions of this Part ofthis Act shall apply in relation to Crown land and trees growing thereon to the extentonly of an y estate or interest therein which is for the time being held otherwise than onbehalfof the Crown,

(3) Except with the consent of the appropri:lte authority as defined in this section.­

(a) no conditions relating co the restocking or stocking of Crown land shall beimposed on the gram of a felling licence:

(h) no telling directions shall be given in respect of trees growing on Crownland.

(~) The Minister shall not be authorised to acquire the interest of any person inCrown lund by virtue of a notice under section 21 unless an orfer has previously beenmade by that person to dispose of that interest co the appropriate authority on terms thatthe price payable therefor shall be equal to (and shall be determined in default ofagreement in like mariner as) the compensation which would be pavable in respect ofthat interest if it were acquired in pursuance of such a notice. and that offer has beenrefused by that authority.

(5) In this section "the appropriate authority" in relation to an y [and means-

(a) in the case of land belonging to Her Majcsty in right of the Crown, rheCrown Esrare Commissioners or other government deparrrnenr having themanagement of the land in question;

(b) in the case of land belonging to Her MaJescy in righc of the Duchy ofLancaster. the Chancellor ot'rhe Duchv ;

(c) in the case of land belonging to the Duchy of Cornwall. such person as theDuke of Cornwall. or the possessor for the time being of the Duchy ofCornwall. appoints: and

(d) in the case of land belonging to a government department or held in trust forHer Majesty for the purposes of a government department. that deparrrnenr ;

and if any question arises as to what authority is the appropriate aurhority in relation coany land. thar question shall be referred to the Treasury. whose decision shall be tina!'

NOTESGeneral Note. The expl.marion of this section is that the Crown IS nor bound by J -t.nure unless It IS

cxprc"ly or by IICCCS'Jry uuplicarion "namedrhercin: ct", in puticuiJr. fI'l/Ik I'""", ll.nid«! ,'" SrI,u/II'<I,ur.\'[·" ,·'.lI/I//I/.\/'''/<1I ,,{I {""X.ui.1/1 {""pory 11')541 AC 5R.J.ll ')S'll I AII Ell ,)(,,)

The- ,e<'(I<>l1 d"c" I1O( apply (0 bodie' Ilkc' lilt' 1:'ICllt'f lJrlli,h Trall'poT! (:0111C1I1\,101I or the- llrltl,hLlrnJdc;"tlllg Cor porar iun; 'l'C '/;""/i,, " HlI""4VftJ 119SiJlI KLl IK.II ')4 1) 12 l'.l1 EH .'127.c,-\. JOel uuc I'

)011/1.< (1IIjp,'rrv,~(T'l.""j) 119651 eh32,/196-1)1 ,"'II EH ')23. CA.This Part or this Act. It: Pt II (ss '>-36) of this Act.Conditions relating to the restocking or stocking. etc. Scc s 12( I) .uuc.Crown Est are Commissloners. Sc:e [he note (0 , J JlltC.

Treasury. St'C the note l<l' 10 ante.

London. This Pan of this Act does not apply to trees standin~ or growmg on land within the area ofCrearer London orher than the outer London boroughv: \Ces 36 PO\!.

Definirlons. for -{clllllg Jircnio"," allli -"el/in~ hccncc", Wt.', 35 1'00t, anJ tor "the Muuster", iee ''''J(I)post. Note as to "the appropriate authority", sub-s (5) above, and as to "Crown land", sub-s (1) above,

34 Meaning of "owner" in Part II

(1) In this Parr of this Act the expression "owner" has the meaning ascribed [0 it bythis section.

(2) In relation to land in England or Wales, "owner" means the pe;:rson ill whom lorthe time being is vested the legal estate in fee simple, except that where in relation to allor any of the provisions of this Parr of this Act,-

(a) all persons appearing to the Minister to be concerned agree. with the approvalof the Minister, that some person shall be treated as the owner of the landother than the person who would be so treated apart from the agreement; or

(b) on an application in that behalf to the Agricultural L1I1d Tribunal establishedunder Part V of the Agriculture Act 1947 the Tribunal determine, havingregard to the respective interests of the persons interested in the land, thatsome person shall be treated as the owner of the land other than the personwho would be so treated apart from the determination,

that person shall be so treated, but without prejudice to a subsequent agreement ordetermination, or to his ceasing to be so treated, if the Minister withdraws his approvalunder paragraph (a) of this subsection.

(3) (Applies to Scotland Dilly.)

(4) In relation to trees, "owner" means the owner of the land on which the trees aregrowing and, in the case of trees which havc been felled, means the person who was theowner immediately before the felling,

NOTES

This Part of this Act. le PI II (ss '.1-36) uf Ihis ActEngland; Wales. Sec the nore co, 5 ante.Appearing. See the note"Appears" to s 10 ante.Crown land. As to (he upplicarion 01 this Part "t' rhi, Acr III relatl'HI c\' Crown land Jl\d to trees ~rnwing

thereon. see s 33 anre.London. This Pan 01 this Act docs not apply (0 trees standing or growing on land within the: area \H"

Greater London other than the outer london boroughs: sec \ 36 pmt.Definitions. For -1<:IJing",see: s 35 post: and (or "the Minlste:r-, sec, -19(1) po,r,Agriculture Act 1947, Part V. Se:e Vol l. title Agricuhurc (Pt t),

35 Interpretation of other expressions in Part II

In chis Parr of this Act-

"conservancy" means :IIlY area in Grear l.3ritJin which may for the time being bedesignated by the Commissioners as J conservancy tor rhc purpose of rheperformance of their functions;

"felling" includes wilfully destroying by any means;"felling directions" means directions given by the Commissioners under section

18 of chis Act for the felling of trees;"felling licence" means a licence under chis Part of chis Act authorising the felling

of trees;"mortgage" and "heritable security" include Jny charge for securing money or

money's worth, and references to .I mortgagee, or to a creditor or J debtor ina heritable security, shall be construed accordingly;

"prescribed" means prescribed by regulations 1Il;ld<: by rhe Commissioners underchis Parr o( chis Acr : and

["restocking noricc" shall be construed in accord.uicc with section 17A(1) ot' rlusAcr.]

"tree preservation order" means an order made or having effect as if made under[section 198 of the Town and Country Planning Act 1990] or section 26 ofthe Town and Country Planning (Scotland) Act \ 947.

NOTESIn rhc ddinlclon of"cr~~ pr~~~rVJCl<)(1orclcr". chc won), 'II "llIJCC hrackcc. were subvnrurcc! hv rhc f'iJl1l1ll1~

(Conscqucut ial f'ro\'i,iollS) Act 1990, \ 4. Sch 2. parl \ 4(2),The ddinillon ot"re~cockil1l(nonce" was inserted bv rhc Foresrrv :\cc 1986, \ I (r).Great Britain. See the noc; co \ 1 .uue. ' ' 'The Comrnissioners.Je cite Fucc'\cry COIllIIIl'''Ollef\; \•.c v 4'1(1) p'''l,Wilfully. TIllS .:xprc'SlOn. ill rhe ",,,,ds 0'- Lord I~u)\ell of Killowcn C], III R I' Srnu» [ IWI'! II QU 2SJ .rr

21) iJ. 29 I. I )IN 5-') I AII ER Rep 51 \ Jl 5H. "m.'JIlS that rhe act is done dchbcrarelv Jnu Inc':rHIOIIJlk nor bvaccident or inadvertence. but so c1ut tb., mind of the p~r'<ln WillI doe' the act go~; with II". Sec J\'O. 111

parnculur. I? I' W,dkrr (1934) 24 Cr App f~q) 117: [;;/IVI/ I' c-u. rl'))('1 1 All ER 10tt>. 114 JP 271:Arrowsnuth t: jel/killI !l Y6312 QIJ 561. !l96JJ :2 All ER 210: Ria I' CVllllvlI)' !l 9661 2 QS 414.[1966/ 2 :\/1ER 649; Dibb!« I' Illg/flOIl [1972) 1 Q13480,Iub nom It'S/CIOII I' Dil>blc 1\9721 \ All ER 275: Willmo{f" .11.1,k!l9771 QB 498.11976}3 All ER 794: WmJ/l~(I' .\(wopv/itall Polic« CO'"' II 'n!! I J :\11 En 540. [19781 CrulllR 424; and R I' SI,cpp",J [19811 AC 394. (198013 All ER 899. HL.

This Pare ofehis Ace. [e Pt II (ss 9-J6) otrhis Act.Prescribed by regulations made •.. under this Part of this Act. For provisions as W r~~lIlJ(l"ns

under this Parr of rhe Acr.see s 32 ante and rhe note "Reculauons under this -ccrion" rhercro.Crown land. As to rhe applicarion otthis Part otrbi;,\ct 111 relacion 10 Crown land and to trees !,!rowll1':

thereon. see s 33 ante.London. This Parr 01 chis Act dOt'; nor applv ro trees standing or growing on LlI1d wirhin the JrCJ ,,(

Greater London other than the outer Loudon boroughs: «."') 36 posr.Town and Country Planning Act 1990. S 198. See Vol .l/'. nrle Town ,HId Country PblUlIIl\!,Town and Country Planning (Scotland) Act 1947. LJr~dy rcpculcd .ind replJ(cd bv che Town Jilt!

Counrr y I'IJnning (Srod.Hld) !\cr 1')72: not pnlll,'d in rill; work.

36 Application of Part II to London

This Pan otrhis Act sh:dJ l10C apply co trees standing or growing on land within the: ;lre.lof Greater London other than the outer London Boroughs within the Illt':lllin!! ,)( rill'

London Covernmcnr Ace 1903.

NOTESThis Part of this Act. lc PI II (~S 'J-.1n) \lfrllls Act.Greater London. Ie the Loudo« bO«lu~h,. rh.' Clr~' ot l"lldoll md ch,' IlIlIcr and :'vlid,lk TClllf'b: ,Cl'

the London Govcrrnncnr Acr 1<)63.) 2(\), \',)126. mle London.London Government Act 1963. The outer London borouuh-, wirlun rhc mearum; or" dUI :\(! H<' the

london borouchs uumbercd trorn 13 en 32 111Sch I. Pr I to. rhJr-,o\ct. V"I 2(,. title lond'on: sec S \ 11 ,)[.dueAct. V'll 26. tIt-Ie London.

P:\ln III

AO:-'U:-iIHIl:HlO:--: .\:--:0 Fl:--i.\:-iCE

AduisorvBodics

37 Committees to advise Commissioners

(\) For the purpose of advising the Conunissioners ,IS to the performance ot' theirfunctions under section 1(3) and Part II of this Act. and such orher functions as theConuuissioners may from time to rime determine. the Commissioners shall continue romainrain-i-

590 VOL III FOI{ESTHY

(a) the central advisory committee for Great Britain known as the Horne GrownTimber Advisory Committee; and

(b) a regional advisory committee for each conservancy (within the meaninz ofPart II of this Act) in Great Britain. ~

(2) In relation to the performance of their duty of promoting the establishment andmaintenance in. Great Britain of adequate reserves of growing trees, the Commissionersshall from time to time, and as a general rule not less than quarterly, consult with theHome Grown Timber Advisory Committee; and the power of the Commissionersunder section 32 of this Act to make regulations shall not be exercisable ~xcept afterconsultation with the said Committee.

(3) The Commissioners shall-

(a) in considering whether to refuse a felling licence under Part II of this Act, orto grant it unconditionally or subject to any conditions; and

(b) in considering whether to give felling directions under the said Part II,

take into account any advice tendered by the regional advisory committee for theconservancy in which are growing the trees to which the felling licence applied for. orthe directions proposed to be given, relate.

NOTESThe Commissioners. le rhe Forestry Commissioners: sees ~9( I) pose.Part II of this Act. Ie ss 9-36 anre.Great Britain. See the note cos I ante.Conservancy. For meaning m Pt II (ss9-36) ante. see; 35 ante.Consult. See the note "Consultation" cos 12 ante.Felling licence. See ss 9 er seq ante.Felling directions. See ss 18 et se'l anre,

38 Composition etc of advisory committees

(1) The chairman and other members of the Home Grown Timber AdvisoryCommittee and of each regional advisory cornrnirtee shall be appointed by theCommissioners, and shall hold and vacate office in accordance with the terms of theinstrument by which they are appointed.

(2) The Home Grown Timber Advisory Committee shall consist of not more thantwenty-five members, and of those members (other than the chairman)-

(a) not less than six nor more than eight shall be persons appointed by theCommissioners after consultation with organisations appearing to them torepresent the interests ofowners of woodlands; and

(b) not less than six nor more than eight shall be persons appointed by theCommissioners after consultation with organisations appearing to them torepresent the interests of timber merchants.

(3) Each regional advisory committee shall consist of not less than seven nor morethan nine members. and of those members (other than the chairman) not less than fourshall be persons appointed by the Commissioners after consultation with organisationsappearing to them to represent the interests of owners of woodlands and timbermerchants respectively and organisations concerned with the study and promotion offorestry.

(4) The Commissioners m:lY pay to the members of the Home Grown TimberAdvisory Committee or of a regional advisory committee such allowances as they maywith the consent of the Treasury determine.

NOTES

Home Grown Timber Advisory Committee. See s 37 ante.The Commissioners. le the Forestrv Commissioners: St'C S ~<)( 1) pOSLConsultation. See the note to S 12 ante,Treasury. Sec: the 1I0le to s 10 ante.

Acquisition linddisposal ofhwd

39 Power ofMinister to acquire and dispose ofland

(1) Subject to the provisions of this Act, the Minister may acquire (by purchase. leaseor exchange) land which in his opinion is suitable for arforesrarion or for purposesconnected with forestry. together with any other land which must necessarily beacquired therewith, and may place any land acquired by him under this section at thedisposal of the Commissioners.

[(2) Subject to subsection (2A) below, the Minister may dispose for any purpose ofland acquired by him under this section.

(2A) Subsection (2) above shall not apply in relation to land acquired under thissection which is in the Forest of Dean; but the Minister may sell any such land if in hisopinion it is not needed, or ought not to be used. for the purpose of ;fforestation or anypurpose connected with forestry. and may exchange any such land for other land moresuitable for either of the said purposes and may payor receive money for equality ofexchange.]

(3) The Minister shall have power, in the case of land acquired by him under thissectlon,-

((I) to manage and use the land tor such purposes as he thinks fit (this power toinclude that of erecting buildings and other works on the land) where it isnot for the time being placed at the disposal of the Commissioners undersubsection (1) above; and

(b) to let the land. or grant any interest or right in or over it.

(4)

(5) (Applies to Scotiain: Oll/Y.)

(6) Schedule 4 to this Act shall have effect as respects the procedure applicable wherethe Minister acquires land under chis section. except in a caseof compulsory purchase inaccordance with the following section.

NOTES

Sub-ss (2). (2A) Well: substituted for the original sub-s (2) by the Forestry Act 1981,1 I. and sub-s (4) wa,repealed by s 6(2) of. and the Schedule to. that Act.

The Minister may acquire .•. land. The Minister and the Secretary of State for Wales have anadditional power to acquire land in proximity to land placed by them at the disposal of the ForesrrvCommissioners where it appears to them that the land which it is proposed to acquire IS reasonably requiredby the Commissioners for rhe provision of tourist. recreational or sporting facilities as are mentioned in theCountryside Act 1968. s 23(2) posr: see the Countryside Act 1968. s 23(3) post. in conjunction with theGeneral Note to s 8 ante.

13y s 24(2) of the 1968 Act post, the Minister may acquire land which in his opinion ought to be used lorplanting trees in the inreresrs a/amenity. or pardy tor that purpose and partlv for ariorestation. together withany other ncccssarv land and may place such land at the disposal of the Commissioners. Bv s 24(3) of etl<'\ '.loll Act, that section is 10 be construed lS one with chis Acc which is [0 have erfecr as II' sub-s (2) of rhurse<:Clon /<utrlt'd part of thIS "CCI'"!.

Opinion. See the note to, 1713 ante.May place any land. , . at the disposal of the Commissioners. For powers of the Commissioners III

relaeiml to bnd pJJcl:d at eheir disposal, see s } ante.Thinks fit. See the note "Think tit" to s 2 ante.Financial provisions. for financial provisions supplcmcnring this section. sec s -12 pose.Definition. fllr "the C""11llIS,iolll'fS" Jlld "the Muustcr", xcc \ -19(1) p'M.

592 VOL I H rOIU~~TI~ y

Special transitional provisions. S~~ Sch 6. para 4 post.

40 Compulsory purchase ofland

(1) Subject ro rhe provisions of this section, the power of the Minister to acquire landby purchase under section 39 above includes a power of com pulsory purchase.

(2) The following descriptions of land shall nor be subject to compulsory purchaseunder this Act:-

(a) land which is the site of an ancient monument or other object ofarchaeologicalinterest;

(b) land which forms part of a park. garden or pleasure ground or which formspart of the home farm attached to. and usually occupied wirh, a mansionhouse or is otherwise required for the amenity or convenience of a dwelling­house;

(c) land which is the property of a local authority, that is to say,-

(i) In England or Wales, the council of a county, ... county district or ruralparish. [the Greater London Council] the Common Council of the Cityof London or the council of a London borough; and

(ii) (applies to Scotland ollly);

(d) land which has been acquired for the purpose of their undertaking bystatutory undertakers. that is to say persons authorised by an enactment. orby an order or scheme made under an enactment, to construct, work or carryon a railway, canal. inland navigation, dock. harbour, tramway, ... or otherpublic undertaking.

(3) Land shall not be subject to compulsory purchase under this Act if a forestrydedication covenant or agreement is in force with respect to it and it is being used andmanaged in accordance with the provisions and conditions of a plan of operationsapproved by the Commissioners: and-

(a) any question arising under this subsection whether there has been a breach ofany of the provisions and conditions of a plan of operations shall be referredfor determination as follows. that is to say-

(i) in a case relating ro England and Wales, by an arbitrator appointed bythe President of the Royal lnstiturion of Chartered Surveyors: and

(ii) (applies to Scotland ollly);

(b) such a breach shall nor be treated as having occurred by virtue oLlOY act oromission capable of remedy unless there has been default in remedying itwirhin a reasonable rime after norice given by the Commissioners requiringir ro be remedied.

[(4) The power of compulsory purchase under this Acr shall nor be exercisable inrelation to land held inalienably by rhe National Trust or by the National Trusr torScorland.J

(5) The Minister's power of compulsory purchase under this Acr shall be exercisableby means of a com pulsory purchase order, 3nd-

(a) rhe order shall be made in accordance with Pan I ofSchedule 5 ro this Acr:(b) Parr II of that Schedule shall applv with respect to the validity and date of

opcrurion of the order: ;1I1d

(c) Parr III of thur Schedule shall apply with respect ro the procedure foracquiring land by compulsory purchase.

(6) If the said pov,,:er ofcompulsory purchase isexercised in relation to land in respectof which an advance by way of grant Ius been made by the Connuissioncrs->

(a) under section 4 of this Act; or

(/I) urtcicr ,<-'ccion 3(3) of the Forestry Act 1')19 at ~lr,y time atre r the 26th March]945.

not being in either else an ad vance made more than chirtv years before the date at theservice of the notice to treat in the exercise at" that power. the amount of the cornpensanonfor the compulsory purchase shall be reduced by the amount of the advance withcompound interest thereon (calculated from the dare of the advance to the dare on whichthe compensation is paid) at the rate of £3 per cent. per annum with yearly rests:

Provided that. in the case of com pensarion for the corn pulsorv purchase at" one ofseveral interests in such land. the amount of the reduction in the case at each interestpurchased shall be equal to a part of the ad vance and interest proportionate to the valueof that interest JS com pared with the value of the land.

NOTESThe words onurrcd tom sub-s (2)(f)(i) were repealed bv the Locul Author ines ere (Miscellaneou,

Provisions) (No 2) Order 1974. SI 1974/595. art 3(22). Sch 1. Pt I. and the words in "Iuace brackets in r11Jrsubsection were Inserted by the London Government Order 1970. SI 1970(211. art .3(7\.

The words onurted (rom suo-, (2)(.1) were repealed by the Gas Act 1986. s 67(~). Seh 'J. Pt I (tor ,a\·m.;,ee S 67(J), Sch 8. Pt I. para 17 otthar Act); the Electricity Act 1989. s 112(4). Sch 18: and the Water ;\cr1989" 190(J), Sch 27, Pt I.

Sub-s (4) was subsnrured by the Forestry Act 1981. > 2,Sub-s (2): Park, ere. The "pork, garden or pleasure ground" musr be rcqurrcd tor rh~ Jmenlt\· or

convenience oi a dwelling-house; See R v Minister of Heauh,ex p W"ler!OIl' & SOlIS Lid [19~61 KB ~85, [194612 All ER 189.

The word "park" isclearly used here In irs popular sense. bur a "park" need nor be large. and lind n1J\' be J"park" although It IS let ior grazing; sec, in particular. Re Ripoll (HI~/'~L'iJJ HVI/SI".~ CVI~rirlllilliol/ Cirder 1938,II'I.ilf and Co/lills v Alillislff vf Health rI 93912 KB 838.(1939) 3 All ER 548, CA,

The "root idea" of J garden is rh:lr ic is "J subscanrially homogenous area, subsrunru l!v devoted tel rhegrowth of inllt" rlowers and vegetables": sec Iloll!f~rd I' Osb,,,"( \1942\ :\C 14 at ,W.IIl)~ I) 2 :\11 ER 426 ar442, HL per Lord Wright. Where there is a cultivated gar,kn wluch I' -ep.rrarcd trom an JdjOlllll1g pleL'c ,)['rough pasture. chc rough pJslllre canner be regarded JS part of the garden (,\!t'rJllm,-CJlllpbe/l l' tl',llrers[197911 All ER 606. CA).

The word "pleasure ground" must be read ejusdem genens wirh "park" and -garden", and J "pleasureground" is, rheretore. soruerhing in the nature of a pur k or gardcn: ,ee R I' .\fillisca ,~t' Heah»,ex !' 11',1101"",& SOliS Lid above at 49J and 191, respectively.

Is orhe rw ise required, etc. The words "is otherwise required" mean "lor Jny orher reason I' required":see R v Miuister o.(H,·afr", ex p H 'atrrloII' & SOlIS Lidabove at 4l-!5 and 191, respecrivelv.

S",,' ,.1,0 rhe firsr p.Jr;lgrJph ',l the note "Park. ere" JOO\'".

Dwelling-housc. See the note to, 18 ante.England; Walcs. See the note to \ 5 anre.COl/neil of a courir y. :\, [tJ e!l,' Ctlllnt',," 'II Engl,llld Jnd \VJles alld chclr "Hrncd" v:«: rhc Lllc,t1

Govcr ruucut Act 11172,» 1(1), (2), 2(1), (.3).20(1),(2), 21(1), (.3)-(5),Sch I.l'tS 1.11. Sclt~, Pr I. V"l 25, mlcLocal Covcrruucnr. The mctropolirau COUnty councils (ie t!le councils ot the met ropolit an counues In

EnglJl1d 'f't:citi"d ill Sdr l , Pr I. ((l rhc I<)72 Act) Were abolished on I April J 'JiJ6 by the Local GovernmentAc: \ 9KS, s I, V"I 25. title Local Covcrnmcnr. and their tuncuons were tr anster red nurnlv ro rhemcrropoliran distr icr councils bv Pt II otthe 1985 I\Ct. The merropoliran counties rhernselves have 'not beenJbolisht:d.

County district. The urban distr icrs and rural districts exoring inunediate!v betore I Apr i] 1974 were.rbolishcd "II thae date bv the Loot Governmcru Act 1<)72,,, 1(10),20(6), Vol 25, rule Locil Covernmenr.Jl\d bv virtue 0(, 179(1). (3) o( thl( :\ce. rhe rderence to J county di,trtct IS to be cOl1Srrued J, • rderence toJ dl,e ;ICI L"IJbli,hL'd b~i " 1(I), (3). (~). 20( J). (3) d, JIld Sch I. Pt LSdl ~. PI II 10. rhe 1972 Act.

Rural parish. lhlr,d pHbhes existlng imm,'diatdy bctc)(e J ."-prrl 11)7.. In W,lcs wer<.' Jbol"hcd on thatdate by thc LlJcal Go\'ernlll"IH Act 1972, s 20(1), Vol 25. mlc Local Gowrnlllcnt, Jnd b\' \'Irttle of s 179(1).(4) of (h.1r ,,\ce. the rdi:rencc to a rUDI parISh is now to be consrrucd a\ rcspects Engbnd :IS J reference to Jpamh or a' respcers Wale, J' J referenc~ to a cOlllmulllry.

GrcatL'r London Council. The Crealcr Ltllldon COIIIlCt! W)\ ')[lglllJllv e,tJbli,hcd by rhe Lllndon(;"\'I'{IIIII('III /\(1 )'Jld., 2(2), I~).')dr 2 (rep.::ilcd). Jlld II LV", COllrII Itll'llIII b"ltlg by chc loct! (;ovcrlllllencfhl 1'172. \ H(I). Sdl 2, V"I 25, tllk ll)eal C'l\'erll'lIenr (rq.leJkd '" (.Ir J' t!le\' rdJre co chJr Cl)llllCil) TheCOlllIUI W,I\ ,lboh,!Ied "n I :\prd I'JK6 by che Local Go\'ernment Act I'JK5. , I, VLlI 25. wk localGI)\·crsrlll<.'1I1, ,/lid 11.\ t'lIIIUJlJI!\ ,If<' rL.m/crred 1I1alllh' to chc Londoll b(Jroll~h ,IlllflCil, Jnd the CommonCll\lIlL'llll(rh,,' C,tV ll(lolldoll bv Pt 1\"fthe 1')H5 A~t. -

COllllllOn COI;ncil uf the City llf Lonuon. k chc llIJVlJr, ,.ltkrnl"!l JlId (o'!llll'"'' lll' the Cit\' ofl"nt!"11 III <"'"11111011 <"""flCt! JS\t:/llbkd, 't:e til'" Cic\' Ilt'LIllldoll (VJClIHI' I'Ilw<.'r,) Ace 1')5H., 5, Vol 26. tICkLondoll.

London borough. for dcf III I ion, s~c Ih~ lntcrprctauou A(I I 'J78" 5, Sch I, Vol41, t it lc Stallll~'; Jno asto the London boroughs and their councils. sec the London Government Act 1963, \ I, Seh I, Vol 26, till eLondon. and the Local Government Act 1972. I 8. Sch 2. Vol 25, title Local Government,

Sub-s (3): Plan of operations. Sec (he 1I0te to I 14 ante,Within a reasonable time. Where mything is to be done within a "reasonable rime", the question whar

is a reasonable-rime depends on the circumsrances of rhe particular case and is therefore a question of Ian: leeBur/Oil I' Griffi/hs (1843) 11M&; W 817; JI1d sec also Hick I' R"YIIJoIIJ "lid RriJ (1893 I AC 22 at 29, [1891-4) All ER Rep 491 at 493. HL. per Lord Herschel] LC.

Sub-s (6): After the 26th March 1945. Namely. within two years before the passing of the ForestryAcr 1947. which was passed.je received rhe Royal ASICnr.on 27 March 1947, The 1947 Act was repealed bys 50(2). Sch 7. Pt I post.

Statutory under_tak~rs.A public gas Sl,lpplier is deemed to be a statutory undertaker and his undertakinga statutory undertaking lor the purpolel 01 rhis section: ICC the Gas Act 1986. 167(1), Sch 7, para 2(I)(xviii).Vol 19. title Gas,

The National Rivers Authority. every water undertaker and every lewerage undertaker arc deemed to besrarurory undertakers and their undertakings statutory undertakings for the purposes of rhis section; sec theWater Act 1989, s 190(1). Sch 25. para 1(1). (2)(xiii). Vol 49. title Water.

The holder of a licence under the Electricity Act 1989. s 6(1), is deemed to be a statutory undertaker andhis undertaking a statutory undertaking for the purposes of this section: ICC the Electricity Act 1989.s 112(1),Sch 16, para 1(I)(xvii). Vol 15. title Electricity.

Definitions. For "the Commissioners", "held inalienably". "the Minister". "National Trust" and "NationalTrust for Scotland". ICC s 49(1) post: for "forestry dedication covenant or agreement", Ice s 5(1) ante.

Forestry Act 1919, s 3(3). Repealed by s 50(2),Sch 7, Pt I POSl.

Finance, aceoll/lts and annual report

41 Forestry Fund

(1) The Forestry Fund constituted under section 8 of the Forestry Act 1919 shallcontinue to be maintained JS heretofore.

(2) There shall be paid into the Forestry Fund out of moneys provided by Parliamentsuch annual amounts JS Parliament may determine,

(3) The following shJlI be paid out at" the Forestry Fund:-

(i1) the salaries of the Forestry Commissioners. and the salaries or remunerationof the officers and servants of the Commissioners;

(b) all expenses incurred by the Commissioners in the exercise of their powersand the performance of their duties under-

(i) this Act; and(ii) the Plant Health Act 1967.

including the payment oi allowances to the members oi any Committeemaintained by them under this Act;

(c) any administrative expenses of the Minister under Pan II of this Act(including sums required for the payment of remuneration to the membersofany committee appointed by him in pursuance of section 27),

(4) All sums received by the Commissioners in respect of the sale of timber. orotherwise received by them in respect of transactions carried out by them in the exerciseof their powers and duties under this Act. shall be paid into the Forestry Fund,

[(4A) There shall be paid out of the Forestry Fund into the Consolidated Fund suchsums as the Ministers may from time to time with the approval of the Treasury direct.]

(5) The Commissioners may accept any gift made to them for all or any purposes ofthis Act and. subject co the terms thereof. may apply it for those purposes in accordancewith regulations made by them.

(6) Payments out of and into the Forestry Fund. and all other matters relating to theFund and money standing to the credit of the Fund. shall be made and regulated in suchmariner as the Treasury may. by minute to be bid before Parliament. direct,

(7) ...

NOTESSub-s (-IA) wa, inserted by the Forcvrr y Al"t 19KI., 3. and sub-s (7) was repealed by 16(2) of. and the

Schedule 10. that An.General Note. This sen/on is supplemented by s -12 post. See also Sch I. paras 9(3),10(2) pose.All expenses incurred by the Foresrrv Cornmissioners in the exercise of their powers under the Countryside

Act t968. s 23 post. are paid our of [he Forestry Fund, and 311 SUInS received by the Commissioners 111 theexercise of their power> under that section are paid into the Forestry Fund: see the Counrrvs.de Acr 1968,,23(6) p.."e.

The salaries, etc. Eruploymcnr remunerated out of the Forestry Fund is 3 public otfice within thelIIemmg of the Supcrunnuanou Act 11)65, s 3H. Vol 33, title Pensions and Supcrannuanon (wluch relates toemployment ill more than one public orficc) ; see' J9(l} of the same Act, Vol 33, title Pensions andSuperannuation.

Part II of this Act. le IS 9-36 ante.Consolidated Fund. Ie [he Consolidated Fund of the United Kingdom which W3S established by the

Camolidared Fund Act 1816. s 1. By the Finance Act 195-1. s 3..(3), my charge on [he Fund extends to [hegrowing produce thereof See also, 35 to payment out of the Fund. [he Exchequer and Audit DepartmentsAct 1866. s 13, in conjunction with the Exchequer and Audit Departments Act 1957, s 2, all Vol 30, ruleMoney (Pr 1), and the Finance Acr 1975, s 56, Vol 30, rirle Money (Pr 3).

Treasury. See the note to s 10 ante.Laid before Parliament. for meaning, see [he Laying of Documents before Parliament (Inrerprerarion)

Acr ! 948. s I (1), Vol -II. title Statures.Definitions. For "the Commissioners" and "the Minister", lee s ..9( I} pOSL

Forestry Act t 919, s 8. Repealed by S 50(2), Seh 7. Pt I post, and [he Plant Health Act \ 967, I 7. Schedule.Plant Health Act 1967. See Vol I, litl" A~ricul!Ur" (Pr 2).Regulations under this section. Hq\ubli:,m under [hi, sccuon, nor being made by sraturory mst rumcnt,

are 1\0£ norcd 111 rillS work.

42 Finance ofland acquisition, management, etc

(1) Any capital paymenrs made by the Minister in acquiring land under section 39above. ~l11J unv expenses of the Minister in the acquisition of land thereunder, shall bedetraved out of the Forestry Fund.

(2) Where land acquired by the Minister under section 39 is for rhe time beingplaced at the disposal of the Commissioners.-

(a) unv rent or other outgoings payable in respect of the land by the Ministershall be defrayed out of the Forestry Fund; and

(b) any slims received by the Minister from the letting of the land or the grancofany interest or right in or over it shall be paid into that Fund.

(3) When: land acquired by the Minister under section 39 is not for the time beingplaced at the disposal of the Commissioners. the expenses of the Minister in managingand using the land. including any rent or other outgoings payable by him in respect ofthe land, shall be defra yed out of moneys provided by Parliament. and-

(a) any sums received by him from the letting or use of the land. or the grant ofany interest or right in or over it. shall be paid into the Exchequer; and

(b) the: Minister shall pay inca the Forestry Fund out of moneys provided byParliament such periodical sums (if any) in respect of the land as may bedetermined by the Treasury.

(4) Any capital sums received by rhe Minister from rhe sale, lease or exchange ofland acqui red by him under section 39 shall be paid into rhe Forestr y Fund.

NOTESForestry Fund. See s -1\ .uue.Treasury. Sec the note til s 10 .rnre.Definirions. Fur "th c· COlllllli\.\lonen" and "the Minurer". It'C j .. 9( 1) pOSL

Spccia l rr a nsi rional provisions. ~ct' Seh f,. p"'" 4( 1) pmt.

43 Satisfaction of certain contingent liability to Crown Estate

(I) If the Minister sells land which was transferred to him. or to any predecessor ofhis. or to the Commissioners. tinder section 1(1 )(a) of the Forestry (Transfer of Woods)Act 1923 to an amount exceeding [2 hectares] at anyone time. then if the sumdetcr mincd under section 3 of the said Act of 1923 as the amount contingently payableby way of compensation for the transfer of rights and interests of the Crown has notbeen fully paid or satisfied,-

«I) the net proceeds of sale. or the portion necessarr to satisfy the said sum, shallbe paid by the Minister to the Crown Estate Commissioners ;md shdll formpart of the Crown Estate; and

(0) the payment shall be treated as satisfying a part of that sum equal to the grossproceeds of sale or the corresponding portion of them.

(2) In the event of the hereditary revenues which are by section 1 of the Civil ListAct 1952 directed to be carried to and made part of the Consolidated Fund ceasing atany time. whether during the present or any subsequent reign, to be carried to and madepart of that Fund. there shall be paid out of the Fund to the Crown Estate Commissionersall such amounts as immediately before the commencement of this Act remainedoutstanding as com pensation due to the Crown under section 3 of the said Act of 1923.reduced by the amount of any payments made since that commencement to the CrownEstateCom missioners pursuant to subsection (1) above or to the corresponding provisionin section 8(1) of the Crown Estate Act 1961.

NOTESThe words in square brackets in sub-s (I) were subvrirurcd bv the Poresrr v An 1979. s 2( I). Sch I.If the Minister sells land, etc. See .Jlso. t,'r J s;I ..ing. Sell 7. p"r:1 4 1''''1.Crown Estate Commissioners. Sec rue IWIC 10,3 .mie.Crown estate. Ie the propert\'. rI~hts .1I1J iutcrests under the manage mcnr or' the Crown Esture

C'"111111SSI<lI1er>:,ee the Crown E,tJt,· :\<"1 I tJl,I., 1(1). V'"I I fl. tide C"lhtItlHlnll.t1 LJW (P: 2),Consolidated Fund. See t hc note to, ~ 1 .111rc.Commencement of this ACI. Tlu- Act OllIe mto forcc "11 rel"l'I\'lllg the I~""JI Assent on 22 March

1%i, - .Definitions. For "lhe COrr1l11;IS;olle,," .IIJJ "the !vlillhra". "".,4 1

) ( I) f'",r.Forcst r y (Transfer of Woods) ACI 1923, ss 1(I)(a). 3. Hq,,·.t1l'lII,,', S()(2). Sch 7.l't I PI1\t.Civil List ACI 1952. s I. See Vol 10. title C,lIl\tIlllllnll.t1 Li«: (I'I 2)Crown Estate Act 1961, s R(1). Hq',::lil'll hy' ~()(21. S,'h 7, I't I 1" "I. ,,',' .Ii" I I'r II. p:".1 4 .. f rh.rr Sd't'dlll,'

pll'l.

44 Annual accounts ofCommissioners

(1) The Com missioners shall prepare accounts in respect of each financial year(beginning with the l st April), showing the sums paid into and the sums issued out ofthe Forestry Fund in that year.

(2) The Commissioners' accounts shall be in such form and manner as the Ministerswith the approval of the Treasury may direct. and the Commissioners shall transmit theaccounts to the Ministers at such time as the Ministers. with the said approval, maydirect.

(3) The Ministers shall, on or before the 30th November in each year. transmit tothe Comptroller and Auditor General the accounts prepared by the Commissionersunder subsection (1) above tor rhe fin;lI1cial year last ended, .1I1d the Comptroller andAuditor General ~hall examine and certify them .lntl Ltv copies thereof. together withhis report thereon. before both Houses of Parliumcnt.

NOTESForestry Fund. Sec ~ ~ I ante.Treasury. Sec the noll' to ~ 10 ante,Comptroller and Auditor General. le rile Officer .lppointerl in punuance of the Exchequer and Audit

Departments Act 1866. Vol 30. title Money (Pt 1); sec the lntcr prctation Act 1978. s 5. Sch I. Vol ~ l . titleStatutes. Sec. in particular. ,s 3 and 6 of the \ 86(, Act and the National Audit Act 1983. s l , both Vo\30. titleMoney (Pt 1).

Lay ..• before both Houses of Parliament. Sec the nore "laid before Parliament" to, ~ I ante,Definitions. FIlr "the Commissioners" md "the Minister". secs 49(1) post.

45 Annual report by Commissioners

The Commissioners shall. on such day and in such form as the Ministers may direct.make to the Ministers an annual report as to their proceedings under this Act. and theMinisters shall lay the report before Parliament.

NOTESLay .•• before Parliament. See the note "Laid before Parliament" to s 41 ante.Definitions. For "the Commissioners" and "the Minister". secs ~9(I) post.

P... RT IV

GENERAL

46 Commissioners' power to make byelaws

(I) Subject to the provisions ofthis and the next following sections. the Commissionersmay make byelaws with respect to any land which is under their management or controland to which the public have. or may be permitted to have. access.

(2) The Commissioners' byelaws may be such as appear to them to be necessary-

(a) for the preservation of any trees or timber on the land. or of any property ofthe Commissioners: and

(b) for prohibiting or regulating any act or thing tending to injury ordisfigurement of the land or its amenities: and

(c) without prejudice to the generality of the foregoing. for regulating thereasonable use of the land by the public for the purposes of exercise andrecreation.

(3) Bvclaws under this sectinn-s-

(a) shall not take away or injuriously affect any estate. interest. right of commonor other right of a profitable or beneficial nature in. over or affecting anyland. except with the consent of the person entitled thereto:

(b) shall not apply to a common which is subject to a scheme or regulation madein pursuance of the Metropolitan Commons Acts 1866 to 1898. or theInclosure Acts 1845 to 1882 or the Commons Act 1899.

(4) Byelaws under this section shall be made by statutory instrument and a draft ofstatutory instrument containing any such byelaws shall be laid before Parliament.

(5) If anyone fails to comply with. or acts in contravention of. any byelaw madeunder this section he shall be guilty of an offence and be liable on summary convictionas follows:-

(a) in the case of an offence against bvelaws made by the Commissioners withrespect to the New Forest:he shali be liable to a fme not exceeding (level 2on the standard scaleJ; .

(b) in a case not falling within the loregoing~paragraph. he shall be liable to a finenot exceeding [level 2 on the standard scale]: and

(c) in [the case of a contin~jng offcn~c falling within either of the foregoin)paragraphs] he shall be liable to a further fine not exceeding [SOp] for eaclday upon which the offence continues.

NOTES

The references to level 2 on the standard scale in sub-s (5)(./). (b) arc substituted by virtue of the Crirnin.Justice Act 1982. ss 39(2).46. Sch 3. Vol 27. title Magistrates. The maximum fines were previously increasefrom £10 under sub-s (5)(a) and £5 under sub-s (5)(b) to £20 ill both cases by the Criminal Justice A,1967,s 92(I).Sch 3. Pt I.

The words in square brackets in sub-s (S)(e) were substituted by the Criminal Justice Act 1967. s 103(1Sch 6. para 28. and the reference to "50p· in that subsection is substituted by virtue of the Decimal CurreneAet 1969. s 10(1). Vol 10. title Constitutional Law (Pr 3).

Sub-s (6) was repealed by the Crirrunal Justice Act 1972. s 64(2). Sch 6, Pt II.The Commissioners. le the Forestry Commissioners; see s 49(1) post.The Commissioners may make byelaws. The Conuuissiouers' powers under this section inch"

power to make byelaws lor regubtmg the reaml1:lble usc by the public lIf the facilities described in tICountryside Act 1968. s 23(2) post. ie tourist, recreational and sporting facilities. and in relation to any of tlmatters described in the Countryside Act 1968. s 41(3). Vol 32. title Open Spaces and Historic Buildin(Pt I); see the Countryside Act 1968. s 23(4) post. Sec. in particular. the General Note to s 8 ante. .

Public. For cases on the meaning of"public". "the public" and "member of the public" in various contexsee TarclII Steiu» Navioation Co Ltd " IRC [19411 2 Kn 11)4.11 ')41! 2 All EH616. CA; income Tax COlli'Bjordall1955J AC 309.1195511 All EH 401. PC; Dl'P v Milhallke Tours Ltd [196°12 All ER 467; MorrisoHoldillgs Ltd t' IRC [1966) 1 All ER 789. [196611 WLR 553; IRC v Park Investments Ltd [1966J Ch 70[196612 All ER 785. CA; R t' DelmaYllc [197012 QB 170. [1%912 All ER 980. CA: Bey/lo" v Caerplli!Lower Lice"sillg [ustites [1970) 1 All ER 618. (1969) I H Sol Jo 90; and II·G's Reference (No 2 of /9711978) 2 All ER 646.1197811 WLR 290. CA.

Appear. See the note"Appears" to s 10 ante.Statutory instrument; laid before Parliament. As to statutory instruments. see the note to s 32 an:

and as to statutory instruments which are required to be laid before Parliament before being made. see tiStatutory Instruments Act 1946. s 6 and the Laying of Documents before Parliament (Interpretation) A1948. both Vol 41. title Statutes.

Summary conviction; standard scale. See the notes to s 7 ante.Metropolitan Commons Acts 1866 to 1898. For the Acts which may be cited by this collective tit

see the Introductory Note to the Metropolitan Commons Act 1866. Vol 6. title Commons.Inclosure Acts 1845 to 1882. For the Acts which 11l:'V be cited bv this collective title. sec the lntroducto

Note to the Inclosure Act 1845. Vol 6. title COIl1l1l0ns. . .Commons Act 1899. See Vol 6. title Commons.Byelaws under this section. Byelaws under this section. or having. by virtue of s 50(1). Sch 6. para I (

post. effect as if made under this section. being local. arc not noted in this work.

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

(1) Byelaws made by the Commissioners under section 46 with respect to the NeForest or the Forest of Dean shall be without prejudice to any byelaws made under arother Act by the verderers of either Forest, but before making any such byelaws t!Commissioners shall consult with the verderers of the Forest concerned.

(2) Section I (3) of the New Forest Act 1964 (which applies byelaws made by t!Commissioners to certain land added under that Act to the Forest) shall have effect withe substitution for the reference to section 2 of the Forestry Act 1927 of a referencesection 46 of this Act.

(3) The verderers of either of the said Forests may in their courts inquire into aroffence consisting in a failure to comply with, or a contravention of, byelaws made Ithe Commissioners under section 46, being an offence alleged to have been comrnittwithin the Forest. and may punish any such offence so committed.

(4) As respects their jurisdiction under this section, the verderers' courts shalldeemed to be magistrates' courts, and the provisions of the Magistrates' Courts Ar1952 and 1957. including provisions as to the recovery of fines and as to appeals, and tprovisions of any rules made under those Acts. shall apply accordingly.

(5) The powers conferred by this section on the verderers of the New Forest and theForest of Dean shall be in addition to, and not in derogation of. any other powersexercisable by them, and shall be without prejudice to the power of any other court inrelation to offences under section 46.

NOTESThe Commissioners. Ie the Forestry Commissioners; sees 49(1) post.COl/Sult. See the 110te"Conwlldtion" to 5 J2 Jntc.Magistrates' courts. For meaning. see. by virtue of the Interpretation Act 1978. s 5. Sch I. Vol 41. title

Statures. the Magistrates' CC1Urts Act 1980. s 148. Vol 27. tide Magistrates.New Forest Act 1964. 1964 c 83; not printed in this work.Forestry Act 1927, s 2. Repealed by s SO(2).Sch 7. Pr I post.Magisrrates' Courts Acts 1952 and 1957. Repealed by the Magistrates' Courts Act 1980. s 154(3).

Sch 9 and replaced by provisions in that Act. Vol 27. title Magistrates.

48 Powers of entry and enforcement

(1) An officer of the Commissioners or any other person authorised by them in thatbehalf may (on production. if so required, of his authority) enter on and survey any landfor the purpose of ascertaining whether it is suitable for afforestation or for the purposeof inspecting any timber thereon. or for any other purpose in connection with theexercise of the powers and performance of the duties of the Commissioners under thisAct or the Plant Health Act 1967.

(2) The Commissioners may authorise an officer or servant appointed or employedby them to exercise and perform on their behalf such powers and duties as they mayconsider necessarv for the enforcement of bvelaws under section 46 of this Act, and inparticular to remove or exclude. after due warning, from any land to which the byelawsrelate a person who commits. or whom he reasonably suspects ofcommitting, an offenceagainst the said section or against the Vagrancy Act 1824.

(3) Anyone who obstructs an officer or servant appointed or employed by theCommissioners in the due exercise or performance of his powers or duties under theforegoing subsection shall be guilty of an offence and be liable on summary convictionto a tine not exceeding {level 3 on the standard scale].

NOTESThe reference to level .3 on the standard scale in sub-v (3) is substituted by virtue of the Criminal Justice

Act 19R2. ss 39(2) . .ff,. Sch J. Vol 27. rir!e M,lgistrares.The maximum tine WJS previously increused (rom £5 to £10 by the Criminal justice Act 1967. s 92(1).

Sch3. Pt I.The Commissioners. le the Forestry Commissioners: see s 49(1) post.Production ... ofhis authority. See rhe note "Shall ... produce his aurhority" (0 S 7 anre.Obstructs; summary conviction; standard scale. See the notes to s 7 ante.Plant Health Act 1967. see Vol I. title Agriculture (Pt 2).Vagrancy Act 1824. See Vol 12. title Criminal Law.

49 Interpretation

(1) In this Act-

"the Commissioners" means the body known as "The Forestry Commissioners";

"Ioresrry dedication covenant" and "forestry dedication agreement" have themeanings assigned to them by section 5;

"the Minister". except as provided by section ~5(8) and 19(4) and Schedule 3.means the Minister of Agriculture. Fisheries and Food as respects England..ind a Secretary ofState as respects Wales Jnd as respeers Scotland;

"National Trust" means the National Trust for Places of Historic Interest orNatural Beauty incorporated by the National Trust Act 1907, and "heldinalienably", in relation to land belonging to the National Trust, means thatthe land is inalienable under section 21 of the said Act of 1907 or section 8 ofthe Netiotul Trust Act 1939;

"National Trust for Scotland" means the National Trust for Scotland for Places ofHistoric Interest or Natural Beauty incorporated by the Order confirmed bythe National Trust for Scotland Order Confirmation Act 1935, and "heldinalienably", in relation to land belonging to that Trust, means that the landis inalienable under section 22 of that Order.

(2) For purposes of this Act, Monmouthshire shall be deemed to be part of Walesand not of England.

(3) (Applies to Scotland only.)

NOTESEngland; Wales. See the note to s 5 ante.National Trust Act 1907, s 21; National Trust Act 1939, s 8. See Vol 32. title Open Spaces and

Historic Buildings (Pt 3).National Trust for Scotland Order Confirmation Act 1935. 26 Geo 5 & 1 Edw 8 c ii: not printed in

this work.

50 Transitional provisions, repeals and savings

(1) The transitional provisions contained in Schedule 6 to this Act shall have effect.

(2) The enactments specified in the second column of Pan I ofSchedule 7 to this Actare hereby repealed to the extent specified in the third column of that Part of theSchedule, subject to the savings in Part II of that Schedule.

(3) Nothing in this section or in Schedule 6 or 7 to this Act shall be taken as affectingthe general application of section 38 of the Interpretation Act 1889 with regard to theeffect of repeals.

NOTEInterpretation Act 1889, s 38. Repealed by the Interpretation Act 1978. s 25(1). Sch 3. and replaced by

55 16(1). 17(2)(<1) of. and Sch 2. para 3 to. that Act, Vol 41. title Statutes.

51 Short title and extent

(I) This Act may be cited as the Forestry Act 1967.

(2) This Act shall not extend to Northern Ireland.

SCHEDULES

SCHEDULE ISection :2

THE FORESTRY COM;\11SSI0S AND ITS Sr.\FF

1',\IlT I

ADMINISTRATION

Till' CV/II/II;SS;V/lfTS

1. The Commissioners may tor all purposes be described by the name of "The Forestry

FORESTRY ACT 1991(1991 c 43)

Au Act to increase from nine to twelve the maximum number of members of a regionaladvisory committee maintained under section 37 of the Forestry Act 1967

[25 July 1991JNorthern Ireland. This Act does not apply; sees 2(3) post.

1 Composition ofregional advisory committees

In subsection (3) ofsection 38 of the Forestry Act 1967 (composition of regionaladvisory committees), for the word "nine" there shall be substituted the word"twelve".

NOTESCommencement. This section came into force on 25 September 1991; see s 2(2) post.Regional advisory committees. As to the creation and function of these bodies, see the Forestry

Act 1967, s 37, Vol 18, P 589.Forestry Act 1967. s 38. See Vol 18, p 590.

2 Short title, commencement and extent

(1) This Act may be cited as the Forestry Act 1991.

(2) This Act shall come into force at the end of the period of two monthsbeginning with the date on which it is passed.

(3) This Act shall not extend to Northern Ireland.

NOTETwo months beginning with. etc. "Months" means calendar months; see the InterpretationAct

1978, s 5. Sch 1, Vo141, title Statutes. The use of the words "beginning with" makes it clear that incomputing this period the day (ie 25 July 1991) on which this Act was passed (it received the RoyalAssent) is to be included; see Hare v Gothrr [1962J2 QB 641. [1962] 2 All ER 763, and Trow II IntiCoope (West Midlallds) Ltd [1967] 2 QB 899 at 909. [1967] 2 All ER 900. CA. Accordingly this Actcame into force on 25 September 1991.

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602 VOL 18 FORESTRY

PART II

SUPERANNUATION OF FORESTRY COMMISSIONERS AND COMMISSION STAFF

9.-(1) This paragraph applies to Forestry Commissioners and to such [classes of officersemployed by the Commissioners as may be] determined by the Ministers with the approval ofthe Treasury.

(2) Subject to the following provisions there may be granted to or in respect of persons towhom this paragraph applies the same superannuation benefits as can be granted in respect ofpersons in the civil service under the [principal civil service pension scheme within the meaningof section 2 of the Superannuation Act 1972 and for the time being in force, and the relevantprovisions of that Scheme ... ] shall have effect accordingly with respect to persons to whom thisparagraph applies as they have effect with respect to persons in the civil service.

(3) Superannuation benefits under this paragraph shall be paid out of the Forestry Fund.

(4) In this Part of this Schedule

"superannuation benefits" includes a superannuation allowance, additional allowance.annual allowance, retiring allowance. compensation allowance, gratuity. pension.compensation and annuity.

10.-(1) The Ministers may with the approval of the Treasury make schemes to supplementor replace (either as a whole or in part) paragraph 9(2) above, being schemes for the grant ofsuperannuation and other allowances and gratuities to or for the benefit of persons to whomparagraph 9 applies; and. without prejudice to the foregoing,-

(a) the superannuation benefits to be granted in accordance with the scheme may includethose which may be granted under the said paragraph 9(2). subject to the provisions ofthat sub-paragraph in the case ofcontributory pensions: and

(b) on the coming into force ofa scheme made under this paragraph. paragraph 9(2) shall,to the extent that the scheme makes any provision different therefrom. cease to haveeffect.

(2) Superannuation benefits under a scheme made by virtue of this paragraph shall be paid outof the Forestry Fund.

[(3) A scheme made under this paragraph may be made so as to take effect from such date. notbeing earlier than 14thJuly 1949. as may be specified in the schcrne.]

11. ...

12. Where on the death ota person to whom paragraph 9 above applies any sum not exceeding[£5,000] is due to that person or his legal personal representative in respect of salary, \vages orsuperannuation benefits. then. subject to any regulations made by the Treasury. probate or otherproof of the title of the Iqpl personal representatives may be dispensed with, and the said summay be paid or distributed to or among the persons appearing to the Commissioners to bebeneficially entitled to the personal estate of the deceased person. or to or among any nile or moreof those persons. or, in the caseof the illegitimacy of the deceased person or an y of his children. toor among such persons as the Commissioners may think fit. and the Commissioners or otherperson responsible for the payment ofany such sum shall be discharged from all liability in respectof any such payment or distribution.

[This paragraph shall be included among the provisions with respect to which the Treasury/llay make an order under section 6(1) of the Administration of Estates (Small Payments) Act1%5 substituting for references to £500 such higher amount as may be specified in the order.)

13. The functions of the Ministers under this Part of this Schedule shall be exercisable by themjointly. except in so far as they make arrangements that this paragraph shall not apply.

NOTESThe words in square brackets in paras 1)( 1). (2). arul para 1O(J), were substituted by the Supa;lI1llUatioll

Act I'J72., 2')(1). Sdllt. par:" flO(II). (II), (,I. the word, """lkd Irom p:H.1 ')(4) ..1Ilt! para 11. were repealedb v v, 2H(1 l. 2')(Il. (-I) of. .uul S,h r,. pact (,O(f). Seh H t", that Art. ;11ll1 thl' words in the \l'l',,"d p.rir "fSl\U;lreh~.h·kl'ts III !'.ILI I"} wrr« lII\crl,·d bv \ 2lJ( 1\ Ilf. .11111 S,'h h.!'.Ir.1 I,.' 1.,.1111' IlJ7.~ ,\,t

llu- "",,.. 1\•11111110".111' '"l ".11.1 '1(.'l \\""1" 1"I,,·.d...llt\' tilt· 1-111.11I. " A. I I') , .'. '. I \·1 ( '). '" II .~H. I', IV .1'h" r,"",",'n,-,· I,," I'~ 11I"'" In" II"' 1 1 \~." ".!hlllllf.-,II,\!" 1 "'-';""1''11"1' r,," ,'1 :;IHI'·I". ,I,.· ,\,I'Htnl.',-,tinl1 nf

ues (Small Payments) (Increase of Limits) Order 1984, SI19841539,art 2(c), in relation to deaths occurring.r 11 April 1984.I'reasury. See the note to s 10 ante.=orestry Fund. See s 41 ante.[4th July 1949. This was the date on which the Superannuation Act 1949 (repealed) received the Royalem.rhink fit. See the note to s 2 ante.Employment in more than one public office. See the note "The salaries, etc" to s 41 ante.Jefinitions. For "the Commissioners" and "the Ministers", see s 49(1) ante. Note as to "superannuationrefits", para 9(4) above.iuperannuation Act 1972, s 2. See Vol 33. title Pensions and Superannuation.\dministration of Estates (Small Payments) Act 1965, s 6(1), Sec Vol 17. title Executors and111 inistrarors.

SCHEDULE 2tion 5

CONVEYANCING AND OTHER PROVISIONS CONNECTED WITH FORESTRY DEDICATIOr-;

Etlglal1d and Wales

'1.-(1) In the case of settled land in England or Wales. the tenant for life may enter into a:estry dedication covenant relating to the land or any part thereof either for consideration ormiitously.

(2) The Settled Land Act 1925 shall apply as if the power conferred by sub-paragraph (1)eve had been conferred by that Act; and for the purposes of section 72 of that Act (whichares to the mode of giving effect to a disposition by a tenant for life and to the operation-reof), and of any other relevant statutory provision applying to England or Wales, enteringo a forestry dedication covenant shall be treated as a disposition.

(3) The foregoing provisions of this paragraph shall be construed as one with the Settled Land:t 1925.

(4) Section 28 of the Law of Property Act 1925 (which confers the powers of a tenant for life. trustees for sale) shall apply as if the power of a tenant for life under sub-paragraph (1) aboved been conferred by the Settled Land Act 1925.

2. A university or college to which the Universities and Colleges Estates Act 1925 applies mayter into a forestry dedication covenant relating to any land belonging to it in England or Walesher for consideration or gratuitously. and that Act shall apply as if the power conferred by thisragraph had been conferred by that Act.

3. In the case ot glebe land or other land belonging to an ecclesiastical benefice, the incumbentthe benefice and, in the case of land which is part of the endowment of any other ecclesiasticalrporation. the corporation may with the consent of the Church Commissioners enter into arestry dedication covenant relating to the land either {or consideration or gratuitously, and theclesiastical Leasing Acts shall apply as ii the power conferred by this paragraph had beennfcrrcd by those Acts, except that the consent of the patron of an ecclesiastical benefice shall notrequisite.

4. (Applies 10 Scotland o/dy.)

JTES

Para 3 was repealed, so tar ;IS it applies to incumbents, by the Endowments and Glebe Measure 1976,7(3). Sch 7.England; Wales. See the note to s 5 ante.Construed as one. Ie the enactments in question are to be construed as if they were contained in one Act,less there is some manifest discrepancy: see eg Phillips II P'ITl,(/I,y [t 934) 2 KB 299 at 302. Accordinglylinitions in the earlier Act may be relevant to the construction of the provisions of this Act (Solomo/lS II Rmrcnstcin l.ld It 9541 2 QD 243, It 9541 2 All En 625. CA: Croll'r [Valuation Officrr) v L/oyc/s British's:ir~1! Co /.tJ /196011 QB 592.11(60) t All ER 41 l , CA), though this principle should not be pressed tooin construing revenue Acts (see the opinion of Lord Simonds in Fmat,d, luvesunrut Trust CO I' IRC [t 945 I

·\11 EH 140,111.).A later Act IIl.ly 1I0t ht' rdl'rred roIor the PIlfI'OSl' 01" interprelilll-: ckar term, ,,1".111 curlier Act which t,be,'1 :\d .I"•., 1I11! .I!III·II.1,'·\"'II'htl,,~:h hllih A. !', .m-I,y rI",,·xl"'''.\ 1"IVI"'"11 1,(,1", bl," A" III Ill'I Oll\lllWd

"'11': hilI If rill' ,·."hn At' l\ .111""1-:\1"11\ lite l.uer At' 1Il;'y he II\nllolhr',w li~hl 011 lIs uucrpretauon: sec,.1.,', 1' "," ,'·'f',.,. '" ' .. [, •. ",,1,," ,~. ,.111'\--' ".' .' '" --, , .,.- '"

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Section 3lJPROCEDURE FOR ACQUISITION or: LA:-;n u:-;nER S 39 BY AGREF.MENT

E,,~lalld al/d IVales

l.-{l) For tllt' ptlrpme ofany acquisition by the Minister ofland in England or Wales, wherethe acquisition is by a~n:ement. Part I of the Compulsory Purchase Act 1965 shall :lpply inaccordance with tilt' following provisions or this paragraph.

(2) In the said Part I as so applied-

(0) "the acquiring authority" means the Minister:(f,) "the special Act" means section 39 of this Act; and(c) for references to land subject to compulsory purchase there shall be substituted

references to land which llIay be acquired by agreement under the said section 39.

(3) In relation to the acquisition ofland by agreement under section 39. Part I of the said Actof 1<)(15 shalf be modified as (ollows:-

(a) sections 4 to 8.10,27 and 31 shall not apply:(b) section .10(3) shall not apply. but notices required to be served by the Minister under

any provision of the said Act of 1965 as applied by this paragraph may, notwithstandinganything in section 30(1) of that Act. be served and addressed in the manner specifiedin section 30 of this Act.

2. (Applies 10 Scolla"d OIliy.)

NOTESThe Minister. For meaning, see s 4<)( 1) ante.England; Wales. See the note to s 5 ante.Compulsory Purchase Act 1965. Set' Vol 9. title Compulsory Acquisition.

SCHEDULE 5Section 40

COMPULSORY PURCHASE

PART I

PROCEDURE FOR MAKING COMPULSORY PURCHASE ORDERS

1. A compulsory purchase order shall describe by reference to a map the land to which itapplies.

2.-(1) Before making a compulsory purchase order. the Minister shall-

(a) publish in one or more newspapers circulating in the locality in which land to whichthe order relates is situated a notice stating that a compulsory purchase order is proposedto be made: and

(b) serve a copy of the notice in such manner as he thinks fit on every owner. lessee andoccupier (except tenants for a month or less period than a month) ofany land to whichthe order relates.

(2) S('("tillll:\O nrthis Art al'l'lic\ to til\' \('r\'icc 0(;1 not ir« under sub-paragraph (1)(/1) above asit applies to till' service ofdocuments under Part II of this Act.

(3) A notice under sub-paragraph (1) above shall-

(ll) describe the land.(b) name the place where a ("Opy of a draft or the compulsory purchase order and of the

map referred to therein may be seen at all reasonable hours. and(t) specify the time (not less than twenty-eight days from the date of the publication of the

notice) within which, and the manner in which, objections to the order may be made.

3.-(1) If no objection is duly made by any of the persons on whom notices are required to beserved, or by any other person appearing to the Minister to be affected, or if all objections somade are withdrawn. the Minister may, if he thinks fit (but subject to sub-paragraph (3) below).make the order, either with or without modifications.

606 VOL 18 FORESTRY

(2) In any other case the Minister shall, before making the order. cause a local inquiry to beheld and shall consider any objections not withdrawn and the report of the person who held theinquiry. and may then. if he thinks fit (but subject to sub-paragraph (3) below). make the order,either with or without modifications.

(3) An order made by the Minister with modifications shall not. unless all persons interestedconsent. authorise him to purchase compulsorily any land which the order would not haveauthorised him so to purchase if it had been made without modifications.

4. Subject to paragraph 5 below, where objection to a compulsory purchase order is duly madeby a person mentioned in paragraph 3(1) above and is not withdrawn before the order is made,the order shall be subject to special parliamentary procedure and the Statutory Orders (SpecialProcedure) Acts 1945 and 1965 shall have effect accordingly.

5. If an objection appears to the Minister to relate exclusively to matters which can be dealtwith by the tribunal by whom the compensation for the compulsory purchase would be assessed.the Minister may disregard the objection for the purposes of paragraph 3 above. and may(whether he disregards it for those purposes or not). direct that it shal] be disregarded for thepurposes of paragraph 4 above.

6. (Applies to Scotland (mly.)

NOTESThe Minister. For meaning,sees 49(1) ante.Newspapers circulating in the locality. This expression is not restricted to a local newspaper but

includes a national newspaper and a newspaper which circulates among J limited class of persons and notamong the public generally; seeRe Southern Builders ,tIIJContractors [London] Ltd (1961) Times. 10 October.and R v Westmil/ster Bettillg Liwrsil/g COmmillrf, ex p Peabody Donation FIII/d [Governors] [1963) 2 QB 750.[1963] 2 All ER 544.

Thinks fit. Seethe note"Think lit" to s 2 ante.Part II of this Act. le ss9-36 ante.Appearing. Seethe note "Appears" to s 10 ante.Statutory Orders (Special Procedure) Acts 1945 and 1965. IetheStatutoryOrders (Special Procedure)

Act \945. and the Statutory Orders (Special Procedure) Act 1965. Vol ~1. title Statutes: see s 2(2) oi thelatter Act. Vol 41. title Statutes.

P.-\RT 11

VALIDITY AND OPERA TlON OF CO:\1PUlSOR Y PURCII,\SE ORDERS

7.-(1) So soon as may be after a compulsory purchase order has been made by the Minister.he shall-

(a) publish in one or more newspapers circulating in the locality in which the land towhich the order relates is situated a notice stating that the order has been made andnaming a place where a copy of the order Jilt! o(the map referred to therein mav beseen at all reasonable hours; and

(b) serve a like notice on every person who made an objection to the order.

(2) Section 30 of this Act applies to the service of a notice under sub-paragraph (I )(b) above asit applies to the service of documents under Part II of this Act.

(3) Where the order is subject to special parliamentary procedure. the notice to be publishedand served by the Minister under sub-paragraph (I) above shall contain a statement that the orderis to be laid before Parliament under the Statutory Orden (Special Procedure) Acts 1945 and1965.

>l.-(I) Except where the order is confirmed by Act, if,. Ix'rson ,lggrieYed by the order desiresto quevtion its validity nil tbc ground that it is not within the P"W<:fS of this Act or lhal ;Htyrequirement of this Act has not been complied with. he may-

(a) in the case of 3t1 order to which the Statutory Orders (Special Procedure) Acts 1945and 1965 apply. within a period ot'six weeks after the date on which the order becomesoperative under those Acts: and

(b) in any other case. within a period of six weeks .llter the first publication of the noticeof the order.

make an application for that purpose to the court.

FORESTRY ACT 1967 ScH 5 607

(2) Where any such application is duly made. the court-

(a) may by interim order suspend the operation of the compulsory purchase order. eithergenerally or in so far as it affects any property of the applicant. until the finaldetermination of the proceedings: and

(b) if satisfied upon the hearing of the application that the order is not within the powersof this Act. or that the interests of the applicant have been substantially prejudiced byany requirement of this Act not having been complied with. may quash the order.either generally or in so far as it affects any property of tile applicant.

(3) In this paragraph-

"confirmed by Act" means confirmed by Act of Parliament under section 6 ofthe StatutoryOrders (Special Procedure) Act 1945 or (in relation to Scotland) that section andsection 2(4) of the Act as read with section 10 thereof: and

"the court" means. in relation to England and Wales. the High Court and. in relation toScotland. the Court of Session.

9. Subject to the foregoing provisions. the order shall not be questioned by prohibition orcertiorari or in any legal proceedings whatsoever either before or after the order is made.

10. The order. excepr where the Statutory Orders (Special Procedure) Acts 1945 and 1965apply to it. shall become operative at the expiration of six weeks from the date on which noticeof it is first published in accordance with the provisions of this Part of this Schedule.

NOTESNewspapers circulating in the locality. See the note to Pt I ofthis Schedule ante.Part II of this Act. Iess9-36 ante.Person aggrieved. See the note to s 6 ante.Within ••• six weeks, etc. Cfthe note "Within three months. etc" to s 13ante.Make an application, etc. The application is to be made by originating motion under RSC Ord 94. r 1.If satisfied, etc. It will be noted that the power to quash the order. in whole or in part. is strictly limited

and that the court is not concerned with the question whether or not it was wise to make the order; see ReBuk ~/IIJ Pollitzer's Application. Re Requisitioned Land and W~r Works /Iet 1945 (1948) 2 KB 339, 92 SolJo542.

See also for relevant cases. in particular. Re Ripon (Higlrfield) Housing Order 1938, White and Collins v.\.1inisttr ofHealt/r [1939J 2 KB 838. [1939J3 All ER 548. CA. and Richardson v MinisterofHollSillg and LocalCcwwrmerrt (1956) 8 P &. CR 29. 21 Cony 248.

England; Wales. See the note to s 5 ante.High Court. Ie Her Majesty's High Court ofJustice in England: see the Interpretation Act 1978.s 5.Sch

1. Vol 41. title Statutes. For the constitution of the court, see the Supreme Court Act 1981.s 4. Vol II. titleCourts. and as to its divisions, seess 5 and 7 of that Act.

Definitions. For "the Minister", see ~ 49(1) ante. Note as to "Confirmed by Act" and "the Court". para8(3) above.

Statutory Orders (Special Procedure) Acts 1945 and 1965. See the note to Pt I of this Schedule ante.Statutory Orders (Special Procedure) Act 1945,55 2(4},6, 10. See Vol 41, title Statutes.

PART III

PROCEDURE ros ACQUISTION Of L.... 1'O BY C07>lPULSORY PURCHASE

EII.~llllld IlIId Willes

11.-(1) For the purpose of any acquisition by the Minister of land in England or Wales.where the acquisition is by compulsory purchase. Part I of the Compulsory Purchase Act 1965,hall apply 'lIl~je:rt to and in accordance with the: lilllowing provisions of this paragraph.

(2) In the said Parr I ;IS so applied-

(tI) "the acquiring authority" means the Minister. and(b) "the special Act" means section 39 of this Act and the compulsory purchase order under

section 40.

(3) In relation to compulsory purchase under this Act, Part I of the said Act of 1965 shall bemodified as lollows;-

(a) ...

608 VOL 18 FOilESTRY

(Il) in section 11 (power of entry Jfter notice to treat), subsection (l) shall not apply andsubsection (2) shJII apply with the omission or the word "also":

(c)-(t') ...

(~)

12. As regards land in England or Wales. a compulsory purchase order under this Act mayprovide that section 77 of the Railways Clauses Consolidation Act 1845; and sections 78 to 85 ofthat Act JS originally enacted and not JS amended for certain purposes by section 15 of the Mines(Working Facilities and Support) Act 1923. shall be incorporated with section 39 of this Act.subject to such adaptations and modifications as may be specified in the order.

13. 14. (Apply to Scotland o,r/y.)

NOTESPara \1 (3)(<1). «()-«(). (4) were repealed by the Sl(Il) Act 1')74.The Minister. For meaning. sec s 4'}(1)ante.England; Wales. Sec the note to s 5 ante.Compulsory Purchase Act 1965. Part 1. s 11. See Vol 9. title Compulsory Acquisition.Railways Clauses Consolidation Act 1845. ss 77.78-85; Mines (Working Facilitiesand Support)

Act 1923. s 15. See Vol 36. title Railways. Inland Waterways and Pipelines.

SCHEDULE 6Section 50

TR.-I.:-ISITlONAl PROVISIONS

1.-(1) In so far as any appointment. order. regulation. byelaw, application. claim forcompensation or reference made. or notice or directions given. or other thing done under anenactment repealed by this Act could have been made. given or done under a correspondingprovision of this Act it shall not be invalidated by the repeal but shall have effect as ifmade. givenor done under that corresponding provision.

(2) Anything begun under an enactment repealed by this Act may be continued under thisAct as ifbegun thereunder.

(3) Any reference in this Act to things done. suffered or occurring in the past shall. so far as thecontext requires for the purpose of continuity of operation between an enactment repealed bythis Act and the corresponding enactment in this Act. be construed as including a reference tothings done, suffered or occurring before the commencement of this Act.

(4) So much of any document as refers expressly or by implication to any enactment repealedby this Act shall. if and so far as the context permits. be construed as referring to this Act or thecorresponding enactment therein.

(5) The generality of sub-paragraphs (1) to (4) above shall not be prejudiced by anything inthe subsequent provisions of this Schedule.

2. For the purposes of section 16(4) of this Act. any such anniversary of:1I1 application as isthere referred to shall. in the case of an application made before the commencement of this Actand ha ving effect as if made under this Act. be taken as falling on the date on which it would havefallen if this Act had not been passed.

3. A notice given hy the Commissioners under section 11(1) of the Forestry Act 1951 andhaving effect as ifgiven under section 24 of this Act shall. in a case where the notice was by virtueof section 11(4) of that Act inoperative immediately before the commencement of this Act.remain inoperati ve under section 25(2) of this Act for as long as. and no longer than. it wouldhave so remained but for the passing of this Act.

4.-(1) References in this Act to land acquired by the Minister thereunder shall includereferences to land which, imrnediatelv before the commencement of this Act. was vested in thatMinister having been acquired by hi~l or any predecessor of his under section 4 of the ForestryAct 1945. or vested by that section in the appropriate Minister for the purposes of that Act. ortransferred to the Minister by the operation of Article 9(1) of the Secretary ofState lor Wales andMinister of Land and Natural Resources Order 1965 (which Order transferred functions of theMinister of Agriculture. Fisheries and Food under the Forestry Acts 1919 to 1951 partly to theMinister of Land and Natural Resources and partly to the Secretary of State for Wales). or ofArticle 2 of the Ministry of Land and Natural Resources (Dissolution) Order 1967 (which

FORESTRY ACT 1967 501 7 609

dissolved the Ministry of Land and Natural Resources and transferred its principal functionsunder the ~;Iid Acts to the Ministry of Agriculture. Fisheriesand Food).

(2) For the purposes of this Act, any land which was immediately before the commencementof this Act for the time being placed or deemed to have been placed at the disposal of theCommissioners under the Forestry Act 1945 shall be treated :IS continuing :lfter thatcommencement to be so placed by virtue of section 39(1) of this Act. without prejudice to thepower of the Minister to make any other disposition with regard to that land,

5. The references to the Forestry Commissioners in section 48 of the Settled Land Act 1925(which contains regulations respecting forestry leases) and in the defintion of "forestry lease" insection 117 of that Act shall be construed as references to the Minister, and the reference in thesaid definition to the Forestry Act 1919 shall be construed as a reference to this Act.

6. Any power under any enactment to amend or repeal an enactment repealed by this Actincludes power to amend or repeal the corresponding provision of this Act.

NOTESCommencement of this Act. See the note to s 43 ante.Deemed to have been placed. Cf the Secretary of Srate for Wales and Minister of Land and Natural

Resources Order 1965, SI 1965/3! 9. art 9(2) (which relates to land which was vested in the Minister ofAgriculture, Fisheries and Food, and, although nor vested by or acquired under the Forestry Act 1945(repealed}, was treated by him as having been placed at the disposal of the Forestry Commissioners underthat section or was managed by them as if so placed at their disposal).

The references, etc. Para 5 contains provisions formerly in the Forestry Act 1945. s 4(10) (repealed bys 50(2) ante, and Sch 7. Pr I post),

Definitions. For "the Commissioners" and "the Minister". sees 49(1) ante.Forestry Act 1951. s 11(1). (4); Forestry Act 1945, s 4: Forestry Acts 1919 to 1951. Repealed by

s 50(2) ante. and Sch 7. Pt I post.Secretary of State for Wales and Minister of Land and Natural Resources Order 1965. SI 1965/

319.Ministry of Land and Natural Resources (Dissolution) Order 1967.51 1967/156.Settled Land Act 1925. ss 48.117. See Vol 48. tide Trusts and Settlements (Pt 2).Forestry Act 1919. Repealed by s 50(2) ante. and Sch 7. Pt I post, and the Plant Health Act 1967. s 7.

Schedule.

SCHEDULE 7Section 50

REPEALS ;\:"0 SA VIses

P.... RT I

REPE.US

Chapter

52 & 53 Viet c 30

JEdw7c31

1 & 2 Geo 5 c 49

9 & 1() Ceo 5 c 58

13 & 14 Gc:o 5 c 21

Short Title

The Board of Agriculture Act1889

The Board of Agriculture andFisheries Act 1903

The Small Landholders (Scotland)Act 1911

The Forestry Act 191 <J

The Forestry (Transfer of Woods)Act 1923

Extent of Repeal

In section 2(2) and (3). the words"andforestry" and "or forestry",wherever occurring.

In section 4. the words "orforestrv".

Insection' 1(3) the words "orforestry".

In section 4(2). (3) and (4), theword "forestry", whereveroccurring.

The whole Act except so muchof section 3(2) as transfers tothe Commissioners the powerof making orders under theDestructive Insectsand PestsActs 1877 to 1927.

The whole Act.

610 VOL 18 FORESTRY

Chapter Short Title Extent of Repeal

17 Geo 5 c 61 & 2 Geo 6 c 13

8 &: 9 Geo 6 c 35I0 &: 11 Geo 6 c 2112 &: 13 Ceo ()c 44

14 &: 15 Geo 6 c 619 & 10 Eliz 2 c 5510 & 11 Eliz 2 c 38

1963 c 23

1964 c 83

The Forestry Act 1927The Superannuation (Various Ser­

vices) Act 1938

The Forestry Act 1945The Forestry Act 1947The Superannuation Act 1949

The Forestry A't 1951The Crown Estate Act 1961The Town and Country Planning

Act 1962The Forestry (Sale of Land) (Scot­

land) Act 1963The New Forest Act 1964

The whole Act.The entries in all three columns of

the Schedule relating to theForestry (Transfer of Woods)Act 1923 and the Forestry Act1945.

The whole Act.The whole Act.Section 52(1), so far as applying to

the superannuation of ForestryCommissioners and officersen:p~oyed by the Com­nussioners.

The whole Act.Section 8(1).In section 29(8). paragraph (a).

The whole Act.

Section 13.

PART II

SAVINGS

1. The repeal of section 2 of the Forestry (Transfer of Woods) Act 1923 shall not affect anyrights or liabilities of the Commissioners transferred to them under that section. in so far as anysuch rights and liabilites continued to subsist immediately before the commencement of this Act.

2. The repeal of section 4(5) of the Forestry Act 1945 shall not be taken as affecting theMinister's obligation to hold land subject to any terms and conditions applicable by virtue of thatsubsection. so far as any obligation arising under that subsection continued to subsist immediatelybefore the commencement of this Act: nor shall the said repeal alter the construction of anyconveyance. lease or other instrument for whose construction the subsection had effectimmediately before the said commencement.

3. The repeal of sections 1 to 4 of the Forestry Act 1947 shall not affect the application ofanyof those sections, or any part of them. for the purposes oC-

the National Parks and Access to the Countrvside Act 1949.the Highways (Provision ofCattle Grids) Adt 1950. orthe Highways Act 1959.

4. Notwithstanding the repeal ofsection 8(1) of the Crown Estate Act 1961, the powers of theMinister over land transferred as mentioned in that subsection shall not be subject to anyrestrictions which may have applied to the land as being part of the Royal forests. parks and chasesor any of them.

NOTESCommencement of this Act. Seethe note to s 43 ante.Definitions. For "the Commissioners" and "the Minister", sees 49(1) ante.National Parks and Access to the Countryside Act 1949. Sec Vol 20. title Highways. Streets and

Bridgesand Vol 32, titk' Open Spaces and Historic Buildings (Pt I).Highways (Provision of Cattle Grids) Act 1950. Largely repealed by the Highways Act 1959.

s 312(2), Sch 25.Highways Act 1959. Repealed by the Highways Act 1980. s 343(3). Sch 25. and replaced by provisions

in that Act. Vol 20. title Highways, Streetsand Bridges.

COUNTRYSIDE ACT 1968 ,23 611

COUNTRYSIDE ACT 1968(1968 c 41)

An Act to enlarge thefUllcriolls of ti,e CO,"IIIissiOl/ establislred under tlrt National Parks andAccess to tire Countryside Act 1949, to cOllfer lIelV powers on local authorities andotherbodiesfor th« conservation andenhancement oj natural beauty andfor the benefit of thoseresortillg to tire countryside and to makeother provision for the matters dealt with itt theAct lJj1949 alld gwera/ly as respects ti,e countrvslde, and to amend ti,e fait' about treesandwoodlands, andjootpatlrs andbridleways, andother public paths [3JuJy 1968J

Northern Ireland. The sections printed ill this title do 1I0[ apply; secs 50(5) post.

1-22 (For ss 1,2,4,6-13,15,16,18-21, see Vol 32, title Open Spaces and HistoricBuildings (Pt 1); 55 3, 14 repealed by tire Wildlife and Countryside Act 1981, ss 42(9),47(3), 73, Sell 17, Pts I, If; s 5 repealed by tire Local Government Act 1974, s 42(2), Sci, 8,andreplaced by 5 9(4) ojthatAct, Vol25, titleLocalGovernment; s 17 repealed by tht LocalGovernment, Pla/ll'illg and LandAct 1980, s 194, Sci, 34, Pt III; s 22 repealed, lVith savings,by tire Water Act 1989, s 190(2), (3), Sci, 26, Pt VIII, paras 49, 57, Sch 27, Pt I.)

Trees andwoodlands

23 Provisions of facilities by Forestry Commissioners

(1) The Forestry Commissioners constirued under the Forestry Acts 1919 to 1945(in this section referred to as "the Commissioners") shall have the powers conferred onthem by this section.

(2) The Commissioners may, on any land placed at their disposal by the Minister ofAgriculture. Fisheries and Food or the Secretary of State for Wales. provide. or arrangefor or assist in the provision of. tourist. recreational or sporting facilities and anyequipment. facilities or works ancillary thereto. including without prejudice to thatgenerality-

(a) accommodation lor visitors.(b) camping sitesand caravan sites.(c) places for meals and refreshments.(d) picnic places. places for enjoying views. parking places. routes for nature

study and footpaths.(e) information and display centres.en shops in connection with any of the aforesaid facilities.(g) public conveniences.

and the Commissioners shall have power to make such charges as they think fit inconnection with any of those facilities.

In this subsection "provide" includes manage. maintain and improve.(3) The power of the Minister of Agriculture, Fisheries and Food and the Secretary

of State tor Wales under section 39 of the Forestry Act 1967to acquire land shall includepower to acquire land in proximity to land placed by him at the disposal of theCommissioners where it appears to him that the land which it is proposed to acquire isreasonably required by the Commissioners for the provision of such facilities as arementioned in subsection (2) above.

(4) The Commissioners' powers to make byelaws lflider section 46 of the ForestryAct 1967 shall include power to make byelaws tor regulating the reasonableuse by thepublic of the facilities described in subsection (2) above. and in relation to any suchmatter as isdescribed in section 4 t (3) of this Act.

612 VOL III FORESTRY

(5) The Countryside Commission 51/1111 have power to act as agenc for theCommissioners in the exercise of their powers under subsection (2) above.

(6) All expenses incurred by the Commissioners in the exercise of their powers underthis section shall be paid out of the Forestry Fund. and all sums received by rheCommissioners in the exercise of their powers under this section shall be paid into theForestry Fund.

NOTESThe words omitted from sub-s (3) were repealed by the Forestry Act 1'J1lt .s 6(2). Schedule,Prospective substitution. The words "and the Countryside Council for Walesshall each" arc substituted

tor rill' word ",lull" ill suo·, (51. O\' the EII\,irolllllCIlI.lll'rots,,.lion ACI 1')'10. ,\ 1.10. Seh 8. para 2(1). (Il). J~f"'lll ,I .1,1\' 1<' h' ,'!'I'''"I1,'d utulcr , 11>-1 (,\\ I lu-n- 'f, \" ,I ,\~, 1111,' ( '\,,'n Sp,Il"" ,md \1i,tnri,' BUildilll1,s,

Thinks Iii: al'l"''''', SUI III<" I' 1,,'w"I' .11" ,'11"11 ""111"""',1 III 'Ih It ,"I',I'TII\'" I,'"m, hUI the inhcrcnrjuri-drcnon nf the cour tv III deter nunc whether -uch power, hJH' been exceeded IS nOI readilv 'HIS led by theuse of such 1Jl1!Zuage; Ice further 1 Halsbury's Laws (-Ith edn) para 22,

Forestry Fund. The Fund was constituted under the Forestry Act 1')19,18 (repealed) and has continuedIIIhe mainraincd by 'UIN'qUCIl( f\Hestry :\n" the blc,t bCIll~ rI\l' Forcvrrv I\CI 1')(,7" -11 ante.

Foresr rv A,·ts lQl<) III \<)45. The :\"1< wluch, I,\, "trtll" Pi' rlu- F"""lr\' :\<'1 I')-I~" Ill,,:,,tdd "\,, "it\"t!tt.,:,·,h." ,,',tlt II,., 11L1; \ . I , \\"10' II", 10",".11' \'1 I lt l '1, clll' r"Il'·.It\ \ 1', m,t~'1 ,., "',., ••1,' ..\11 1'1,'.', ...,tIIll," 1•••,-.11\ :\., II':' :\lfllh··.":\.h\\I'I'"I'I,,·.d.".If,, «h. 1.•1.··.f" .-\.1 ,.", , .. ·.,'t-",'.I, 1.)'II.llfl"

h)r~'lr~' An 1'1/17. \\ .1'1,4/1, """Ih" lillo' .lillo'

24 Amendments of Forestry Act 1967

(I) Without prejudice to the provisions 01 section 11 of this Act. the saidCommissioners may. on any land placed at their disposal by the Minister (as defined inthe Forestry Act 1967). plant, care tor and manage trees in the interests otamenity, andin section 3(1) of the Forestry Act 1967 (management of forestry land) the reference tothe Commissioners' functions under that Act shall include a reference to their functionsunder this subsection,

(2) The said Minister may acquire. whether by purchase. feu. lease. exchange orexcambion, land which in his opinion ought to be used for planting trees in the interestsof amenity. or partly lor that purpose and partly for afforestation, together with anyother land which must necessarily be acquired therewith, and may place any landacquired by him under this subsection at the disposal of the Commissioners.

(3) ...

(4) The definition of "public open space" in section 9(6) of the Forestry Act 1967shall not include a country park provided under section 7 of this Act, or a park orpleasure ground in the LeeValley Regional Park which in the opinion of the Ministerserves the purpose set out in section 6(1) of this Act when the considerations inparagraphs (a) and (b) of that subsection are taken into account.

(5) This section shall be construed as one with the Forestry Act 1967, and that Actshall have effect as if subsections (2) . , . above formed part of section 39 of that Act.

NOTESSub-s (3) JI1d the words omitted from sub-s (5) were repealed by Ihc Forestry Act I ')H I, 56(2), Schedule,The said Commissioners. lc the Forestrv Commissioners ; -ee s 23(1) .lI1tC,The Minister. lc the Mimsrer of Agriculture, Fisheries and Food as respects England. and the Secretary oi

Stare as respects W ales: sec, by virtue of sub-s (5) above Forestry Act 1')(,7, s 49( I) ante,Amenity. In the words of Scrutton LJ in RI' E/lis and I?lIis/ip-'\!11rlill/'ood CDC (11)261 1 K U 343 at 370,

CA.thi., means "pkl,san! circumsranres or ti:;JllIrs'~, Jd\'alH;J~"s"; ;llld the "'''''''lIIt~'" of 1;,,,,1 r<'li:rs to ,it., \'j,SIl:lJ

appearancc .md the plcasurv o( its ,'njoylllent (CIIII,.ri.~/111' /'(1$/ (~lli{(' 11 ')r.!!1 2 QB 43'J,11 'J6111 2 All EH (,46at Mil; Jtfd 11 w,l}I 2 Q U (,2.11 'J(,') 11 A II EH 421. C A), Modern I'bnl1in~ ",alie, however. h"s stretched theword to denote personal convenience, so Ihat the convenient arrungcrncnt oi ditferent but inter-dependentllses o( IJlld (eg. shopplllg and housing) or the provision of ,I service such as a public lavatory is called an.rmcnitv. The word may be taken to express that clement in the appenrancc and lay-out ottown and country

COUNTRYSIDE ACT 1968 s 50 613

which llIake~ for ~ 4,"(If11f'Jrlable and plcJ~Jnl li'i: rather than a mere existence: SCo": Rr Pdframalla Cily Co.mdl,,'X p "l"tltIl/' & ell I.tJ(I ')55) 55 Sl~ (N~W) 2112 al 30(,. 3/Jll.

Opinion. Sraturorv powers arc often conferred in subjective terrns.the competent authority being entitled10 act. ego when ill its "opinion", or when it "appears" 10 it or il is "sarisfied" that, a prescribed state of affairsexists. bUI rhe inherent jurisdiction 01 the courts to determine whether such powers have been exceeded isnOI readily ousted by the me of such language; see. fUrlher. 1(1)Halsbury'sLaws (4th edn reissue) para 21.

Park or pleasure ground. For discussions on the meaning of these expressions. see for example. Ptasrvelllr'IIry (19041 2 Ch 503. 48 Sol Jo 622 (park): Rr Nrll·/rill Compilisory Purchasr OrJrr. 1937. Parnt'sApplication r193812 All ER 11i3,102 JP 273. per du ParcqJ (pleasure ground).

Lee Valley Regional Park. The Park was estabbhcd b~' rhe lee Valley Regional Park Act 1966(c :eli)(not primed in Ihi~ work).

Construed as one. le the enact menIs in question arc 10 be construct! as if they were contained in one Act.unless there is some manifest discrepancy; see eg Phillips I' Pdn/llbr [193412 KB 299 at 302. Accordinglydetinili'lIls 111 rhc l';lrlia .-'.CI 1II,Iy be rdl'\,;lI1t In rllt' con-rrucnon 01 the pm\'isinm of this Act (SO/OlllOllS I' R( ;.." :,.",/,';11 /./.1 IlllS41 :! ~~1I :!4J, 111l<;41 :! :\ II En ,,~<;. I.'."; (;""",( (I ',tlII",i,." (?/lic(fI " I./")"/s /lri/isl,I""""S I '" 11,/11 1l"" 1 1 l~l\ =-":!.II "('I'll :\1\ Fit .111.l':\\. th,,"~h ,hi' 1"111<"11'1,' <111'111.1 ."'1 b,' 1'1I',,~d roo1~1I III ,,,mtrllllll,: revenue :\ct, (,I,"e til,' "1'11111111 ,,( Lord SilllollJ, III ""flJ,'II, Im',·SIIIIml '/',,,SI C~ I·IRC 11945).2 :\11 ER 140. HL).

A later Act may nor be reterred 10 I," the purpose of interpreting clear terms ofan earlier Act which thelater Act dol.'< 1101 amctu], C\'l'1I thouah both ACls are bv the exprew provivion 01 the later Act to be construed.t-, "'11', 1'111 It rlu-",I1I1,'r :\. t 's ,lIl1bl~II"II' Ih,' 1.1I,·r :\d m.rv 1'>,·11«,,1 ll' throw li~hl "11 Il~ III rer I'ret.IlIClII : 'CI,""'"l""" , I"",,., Io" ,'f t'.",,'" 1"/11' 11,,,(.,,,, 1', , ', I 1,111 OJ:;:; I :\\ . "OJI., I1""''''I .' :\1\Fit\.! "', lit

rltlt'\ .. ~· :\., "'tIl'. "\ ,\(ll, "(h), .\". ,.""th" llll.' ,"10'

25-.36 lS., ':5. ':". I'l'l'r,drdll )' tltr '1'1'1/'1/ ,111.1 L""I/Iry fll,lIfl/;/Ig .'ld 197I. S29212 I, SeI, 25.•111.1 "'pIIICfd by Sf 1-:-1, 1-:5, 179 vfllr"r .-lcl I Jet' I/Vl/' 5S 203. 104 vfthe TvII'1/ </lid CVIII/rryfJlalllf;/I.g Act 199fJ, Vol 46, titte Town and Country Planning): for ss 27, 30, 31, see Vol20, title Highways. Streets and Bridges: ss 28, 29 repealed by tire H£gl,a'o1ys Act 1980,J 3431 J I, Sch 25..lI1d replaced b)' ss 14611l/d 134. 135. respeaivelv, I~" th.u .-{a, I 'ol20, titleHighways. Streets and Bridges , s 32 repl',l/fd b)' tlu: R".lel Tr,!tfic RI'glllario" ACI 1984,S 146, Sch 14, and n:pluccJ by Pl'OI/;S;OI/S of that Aa, \,'0138, I;tle Road Traffic; ss 33-35repealed by the L\JCIl! Government ,4et 1974, ss 42(2), 43(2), (3), ScI, 8; S36 repealed by theDerelict Land Aet 1982, S 5, Schedule,)

Supplementa!

37-49 (For ss 37, 38, 40-46, 47(2)-(4), (6), (7), 48, 49, see Vol 32, ,irle Open Spacesand Historic Buildings (Pt 1); S 39 repealed by tl,e Loca! Goverummt Aet 1972, s 272(1),Sclr 30; for S 47( 1), (8), see Vol 20, title High...ays,Streets and Bridges; s 47(5Jrepraledby the Higlrways ,-{a 1980. s J-I3( J J, Sell 25, {me! replaced by S 1-16 o./t!tnt Act. Vo/20, titleHighways. Streets and Bridges.)

50 Short title, repeals, commencement and extent

(1) This Act may be cited as the Countryside Act 1968.

(2) (See Vol 32, title Open Spaces and Historic Buildings (Pt 1).)

(3) This Act shall come into force at the expiration of a period of one monthbeginning with the date on which it is passed.

(4) '"

(5) This Act. except subsections (1). (3) , . , of this section, sections 15.24.25.26.32.37.46(3) and so much of sections 46(1). 48, and 49 as relates to the first-mentionedsections, shall not extend to Scotland. and , , . this Act shall not extend to Northernlrcland.

NOTES

Sub-s (4) mo the \l'llflh omitted f/llm sub-, (5) were r,'peJlo:d by tho: HUII'e otComrnons DisljtfJ/ificJtion:\t't l'Ji5.s IO(:!),Sd1J,

614 VOL 18 FORESTRY

In sub-s (5). the references to $S 25. 26 and 32 are printed in italics as 5S 25 and 26 were repealed by theTown 3I1d Country Planning Act 1971. s 292(2). Sch 25. and 132 was repealed by the Road TrafficRegulation Act 1984.5 146. Sch 14.

(For Seils " 2, 5, see Vol 32, titleOpen Spaces and Historic Buildings (Pt I) ;for Selr 3, Pt I, seeVol 20, title Highways. Streets and Bridges; Sch 3, PIS II-IV repealed, excep: in relation 10 anyreviewbegun before 30 November 1981, by the Wildlife and Countrvsid« Act 1981, s 73(1), (J), Sch17, Pt II; Sclr 4 repealed by tire Local Government Aa 1972, s 272( 1), Sch 30.)

TREES ACT 1970(1970 c 43)

An Act to amend the law relating to the making of tree preservation orders and thegrant offelling licences [29 May 19701

Northern Ireland. This Act does not apply; see s 3(2) post.

1,2 (S 1 repealed by the TOlVn and Country Planning Act 1971, s 292(2), Scll 25, andreplaced by s 60 oj thatAct (set now the Town andCountry Planning Act 1990,ss 198-200,Vol 46, title Town and Country Planning); s 2 amends the Forestry Act 1967, s 12(2)ante.)

3 Citation and extent

(1) This Act may be cited as the Trees Act 1970.

(2) This Act does not extend to Northern Ireland.

FORESTRY ACT 1979(1979 c 21)

An Act to re-state the power oj the Forestry Commissioners to make grants and loans; and toprovide for themetrication of enactments relating toforestry andforest lands

(29 March 1979]

Northern Ireland. This Act does not apply; see s 3(4) post.

1 Finance for forestry

(1) The Forestry Commissioners may, with Treasury approval, make grants andloans to owners and lessees ofland for and in connection with the use and managementof the land for forestry purposes.

(2) Any such grant or loan shall be made out of the Forestry Fund and be on suchterms and conditions as the Commissioners think fit.

NOTESForestry Commissioners. The Forestry Commissioners were continued in existence by the Forcst.ry

Act 1967. s 1(1) ante. and arc constituted under s 2 of that Act.

616 VOL 18 FORESTRY

(2) The Forestry Act 1967 is repealed to the extent specified in Schedule 2 to thisAct.

(3) This Act comes into force at the expiration of two months from the date onwhich it is passed.

(4) This Act docs not extend to Northern Ireland.

NOTESTwo months from the date, etc. This Act was passed. ie received the Royal Assent. on 29 Much 1979

and it therefore came into force on 30 May 1979; see. in particular. Goldsmiths'Co v ~Ve51 Metropotita« RlyCo [t 904 J 1 KB I. (1900-31 All ER Rep 667. CA: and contrast Hare v Coclrer [1962) 2 QB 641, (1962J 2All ER 763. and Troll' v hId Coope (Ww Midlands) LId[196712 QB 3C 909. (196712 All ER 900, CA.

SenIso Dodds v IValeer (1981 ) 2 AII ER 609. (1981 J t WLR 1027. HL. as to the day ofexpiry of periodsofa month or a specified number of months.

Forestry Act 1967. See this title ante.

(Sell / amends the forestry Aer /967, 55 9, 43( 1) Illite; ScI, 2 repeals ss 4, 9(6) (ill part) t>f that Aer.)

FORESTRY ACT 1981(1981 c 39)

An Act toamendtire Forestry Act 1967, andfor connected purposes

Northern Ireland. This Act docs not apply: see I 6(3) post.

[27 July 1981]

1-5 (S 1 substitute: new sub-ss (2), (2A)jor tire original s 39(2) ofrlre Forestry Act 1967a/lie; s 2 substitutes s 40(4) of titat Act; s 3 inserts sub-s (4A) ill s 41 q{t!rat Act and repealssub-s (7) oj that section; s 4 inserts s 8A in tluu Act, ands 5 amends s 2(1) of titat Act.)

6 Short title, repeals and extent

(1) This Act may be cited as the Forestry Act 1981.

(2) The enactments mentioned in the Schedule to this Act arc hereby repealed to theextent specified in the third column.

(3) This Act does not extend to Northern Ireland.

SCHEDULESection 6

Chaptci Extent of Repeal

StTI inn .\ll(.\).\ ", 11,'11 .11 ('1'

FORESTRY ACT 1986 12 617

FORESTRY ACT 1986(1986 c 30)

All Act to empower tire Forestry Commissioners to require tile restockifl~ oj lalld witlr trees11)ier unauthorised[e II i/lg C [8 July 19861

Northern Ireland. This Act does not apply: see s 2(2) post.

1 ilnsens tire Forestry Act 1967, ss 17A-17e illite, and amendsss 27, 35 thereof)

2 Citation, commencement and extent

(1) This Acr may be cited as the Forestry Act 1986 and shall come into force at theend of the period of two months beginning with the day on which it is passed.

(2) This Act shall not apply to Northern Ireland.

NOTETwo months beginning with, etc. "Months" means calendar months: see the Interpretation Act 1978.

15. Sch I. Vol ojI. title Statutes. In calculating rhrs period the day (ie 8 July 1986) on which the Act waspassed (ie received the Roval Assent) is reckoned; see Hem l' G"c!'(T [196212 QB 641, [19621 2 All ER 763.and T,,,,,, " llld C""l'r (!Frsr Midlallds) I.td [19f,iJ 2 QB 899 at 909. [1967J 2 All ER 900. CA. Accordinglythis Act came into force on 8 September 198("

616 VOL 18 FORESTRY

(2) The Forestry Act 1967 is repealed to the extent specified in Schedule 2 to thisAct.

(3) This Act comes into force at the expiration of two months from the date onwhich it is passed.

(4) This Act does not extend to Northern Ireland.

NOTESTwo months from the date, etc. This Act was passed. ie received the Royal Assent. on 29 March 1979

and it therefore came into force on 30 May 1979; see. in particular. Goldsmiths' Co v West Metropolitan RlyCo \1904} 1 KB 1. [1900-3) All ER Rep 667. CA; and contrast Hare v Comer [1962] 2 QB 641, [1962] 2:\11 ER 763. and TrOll' [1 {lid Coope (West Midlands) Ltd [1967}2 QB at 909. (1967) 2 All ER 900, CA.

See also Dodds /) Walker f1981J 2 All ER 609. [1981] 1 WLR 1027, Hl.i as ro the day ofexpiry of periodsof a month or a specified number of months.

Forestry Act 1967. See this title ante.

(Sch 1 amends the Forestry Act 1967, SS 9, 43(1) alitI.'; Scll 2 repeals S5 4, 9(6)( ill part) V,r that Act.)

FORESTRY ACT 1981(1981 c 39)

All Act to amend the Forestry Act 1967, andJor connected purposes

Northern Ireland. This Act does not apply: see s 6(3) post.

[27 July 1981J

1-5 (S 1 substitutes lIell' sub-ss (2), (2AJ)or the origillal s 39(2) oJtlte Forestry Act 1967ante; s 2 substitutes S 40(4) of that Act; s 3 inserts sub-s (4A) ill s 41 ~r tnat Aa and repealssub-s (7) o[that section, s 4 inserts s 8A ill that .-la, and s 5 (1111L'llds s 2{ 1) o(thllt .-ta.)- -

6 Short title, repeals and extent

(1) This Act may be cited as the Forestry Act 1981.

(2) The enactments mentioned in the Schedule to this Act are hereby repealed to theextent specified in the third column.

(3) This Act does not extend to Northern Ireland.

SCHEDULESection 6

EN.KT;\IFNTS HFI'!''' I I'D

A

c

no

i

c1

2

NOT

I