Forestry Act 1967

24D Notice to subsequent estate or interest holder requiring steps to be taken

(1) Subsection (2) applies where— (a) a notice has been given to a person under section 24C(3) requiring the person to take steps, (b) steps required by the notice have not been taken, and (c) before the time specified in the notice (within which those steps must be taken) has expired, the person ceases to have the estate or interest in the land by reference to which the notice was given. (2) The Natural Resources Body for Wales may give to a person who has such estate or interest in the land as is referred to in section 10(1) a notice— (a) requiring the steps that were not taken under the notice described in subsection (1) to be taken, and (b) specifying the period (not being less than the prescribed period after the notice has become operative) within which those steps must be taken. (3) A notice given under subsection (2) must set out the reasons for giving the notice. (4) If steps required by a notice under subsection (2) have not been taken before the end of the period specified in the notice, the Natural Resources Body for Wales may enter on the land and take those steps. (5) A person who, without reasonable excuse, fails to take any steps required by a notice under subsection (2) commits an offence and is liable on summary conviction to a fine (but this does not affect the powers of the Natural Resources Body for Wales under subsection (4)). (6) Proceedings in respect of an offence under subsection (5)— (a) must be commenced within the period of six months starting on the day the person commencing the proceedings becomes aware of the offence; (b) may not be commenced more than two years after the date of the offence. (7) A person who is required by a notice under subsection (2) to take steps may take the steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice. (8) The reference in subsection (1) to a notice under section 24C(3) includes a notice given under this section.‍

24E Suspension, amendment or revocation of tree felling licence where no breach of condition: Wales

(1) The provisions of this section apply if, in relation to a felling licence granted in relation to land in Wales, the Natural Resources Body for Wales considers that felling in accordance with the licence is causing, or is likely to cause, significant harm to— (a) natural beauty, or (b) flora, fauna, geological or physiographical features, or natural habitats. (2) The Natural Resources Body for Wales may give to the person responsible a notice which makes provision for one or more of the following— (a) a suspension of the felling licence, either in full or in part; (b) an amendment of the felling licence; (c) if the Natural Resources Body for Wales considers that amending the felling licence would not prevent the harm that is being caused or is likely to be caused, a revocation of the felling licence. (3) A notice given under subsection (2) must— (a) set out the reasons for giving the notice; (b) specify the harm that felling in accordance with the licence is causing or is likely to cause; (c) if the notice suspends the felling licence, specify the period for which the licence is to be suspended; (d) if the notice amends or revokes the felling licence, specify the date upon which the amendment or revocation takes effect; (e) if the notice suspends the felling licence in part, specify the felling that may continue. (4) Where a notice given under subsection (2) suspends a felling licence, either in full or in part, the suspension ends with the earlier of— (a) the expiry of the period specified in the notice‍ in accordance with subsection (3)(c), and (b) the date specified in any further notice given to the person responsible by the Natural Resources Body for Wales under this paragraph. (5) The Natural Resources Body for Wales must give a further notice specifying a date under subsection (4)(b) (to bring the suspension to an end) if it considers that felling in accordance with the felling licence (as it would have effect after that date) would neither cause nor be likely to cause the harm specified in the notice that suspended the licence. (6) For the purposes of this section, “the person responsible” is— (a) the applicant for the licence, if on the date the notice is given the applicant has such estate or interest in the land as is referred to in section 10(1); (b) in any other case, a person who has such estate or interest in the land as is referred to in section 10(1) on that date.

24F Notices under section 24C(3) or 24E(2) that affect tree preservation orders

(1) The provisions of this section apply if— (a) the Natural Resources Body for Wales proposes to give a notice under section 24C(3) or 24E(2) in respect of any trees to which a tree preservation order relates, and (b) the proposed notice does not meet the emergency criteria. (2) The emergency criteria are met if the proposed notice makes no provision other than— (a) provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to— (i) natural beauty, or (ii) flora, fauna, geological or physiographical features, or natural habitats, or (b) provision that suspends a felling licence. (3) Before the Natural Resources Body for Wales gives the proposed notice it must give notice in writing of the proposal to the authority by whom the tree preservation order was made. (4) If, within the prescribed period, the authority by whom the tree preservation order was made objects to the notice in so far as it affects trees to which the tree preservation order relates, and does not withdraw its objection, the Natural Resources Body for Wales must refer the matter to the Welsh Ministers. (5) If a matter is referred to the Welsh Ministers under subsection (4), the Welsh Ministers may decide to— (a) grant consent to the giving of the notice, or (b) refuse to grant consent (in which case the notice cannot be given). (6) Where the Natural Resources Body for Wales has given notice in writing under subsection (3) to an authority in respect of a proposed notice, the proposed notice cannot be given until— (a) the period prescribed under subsection (4) has ended without the authority having objected (or, if the authority has objected, that objection has been withdrawn), or (b) if the Natural Resources for Wales has referred the matter to the Welsh Ministers, the Welsh Ministers have given their decision on the matter. (7) Before deciding whether to grant or refuse consent under subsection (5), the Welsh Ministers must consult— (a) the Natural Resources Body for Wales; (b) the authority by whom the tree preservation order was made; (c) the applicant for the licence if the applicant has such estate or interest in the land as is referred to in section 10(1) or, in any other case, a person who has such estate or interest in the land.

25 Appeal against notice under s. 24.

(1) 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 the conditions of the felling licence or, in the case of felling directions, that they have been complied with; or (b) that the steps required by the notice to be taken are not required by the conditions or directions, he may by a notice served on the Minister where the notice is given in respect of land or trees in England or Wales, ... in the prescribed manner and within the prescribed period after the receipt of the notice under section 24, request the Minister ... to refer the matter to a committee appointed in accordance with section 27 below. (2) A notice under section 24 shall be inoperative until the expiration of the prescribed period for the purposes of subsection (1) above and, where a request to the Minister ... under that subsection is made, until the conclusion of any proceedings under this section in pursuance of the request. (3) Where such a request is made by a person receiving a notice under section 24, the Minister ... shall, unless he is of opinion that the grounds for the request are frivolous, refer the matter accordingly to a committee so appointed. (4) The committee to whom a matter is referred under this section, after complying with section 27(3), shall make a report on the reference to the Minister and who shall, after considering the report, confirm or cancel the notice to which the reference relates.

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

(1) If the appropriate forestry authority, in the exercise of their powers under section 24 , section 24C(9) or section 24D(4), enter on land and take any steps required by a notice under either of those sections, they may recover from the person to whom the notice was given any expenses reasonably incurred in connection therewith. (2) The appropriate forestry authority may remove and either retain or dispose of trees felled by them in the exercise of their said powers, and shall, on a claim made in the prescribed manner by the owner of any trees so removed, pay to him a sum equal to the value of those trees after deducting any expenses reasonably incurred by them in connection with the removal or disposal. (3) Subject to any express agreement to the contrary, any expenses incurred by a person for the purpose of complying with a notice under section 24, and any sums paid by a person in respect of expenses of the appropriate forestry authority under that section, shall be deemed to be incurred or paid by that person— (a) where the notice relates to works required to be carried out in pursuance of conditions of a felling licence, for the use and at the request of the applicant for the licence; (b) where the notice requires compliance with felling directions, for the use and at the request of the person to whom the directions were given. (4) Any sums recoverable by or from the appropriate forestry authority under this section may be recovered as a simple contract debt.

26A Appeals against notices given under section 24C(3) and 24D(2)

(1) The following persons have a right to bring an appeal against a notice given under section 24C(3) if the person thinks that any of the grounds set out in subsection (2) applies— (a) the person to whom the notice was given; (b) a person who has such estate or interest in the land as is referred to in section 10(1); (c) the owner of the trees. (2) The grounds are— (a) a condition referred to in the notice has been complied with or is being complied with; (b) suspending or revoking the felling licence is unreasonable or disproportionate; (c) the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate; (d) a step specified in the notice is unreasonable or disproportionate; (e) where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b). (3) A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate. (4) An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

26B Appeals against notice given under section 24E(2)

(1) The following persons have a right to bring an appeal against a notice given under section 24E(2) if the person thinks that any of the grounds set out in subsection (2) applies— (a) the person to whom the notice was given; (b) a person who has such estate or interest in the land as is referred to in section 10(1); (c) the owner of the trees. (2) The grounds are— (a) the felling is not causing the harm specified in the notice or is not likely to cause the harm; (b) suspending or revoking the felling licence is unreasonable or disproportionate; (c) an amendment to the felling licence is unreasonable or disproportionate; (d) where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24E(4)(b). (3) An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).

26C Further provision about appeals brought under sections 26A and 26B

(1) A request made to the Welsh Ministers under section 26A or 26B must be made in the prescribed manner and within the prescribed period. (2) A notice given under section 24C(3), 24D(2) or 24E(2) does not take effect until the expiration of the prescribed period and, where a request is made to the Welsh Ministers under section 26A or 26B (as the case may be), until the conclusion of any proceedings in pursuance of the request. (3) But subsection (2) does not apply (and the notice may take effect immediately) to the extent that— (a) the notice makes provision that the Natural Resources Body for Wales considers is necessary to respond to an imminent and serious risk of harm to— (i) natural beauty, or (ii) flora, fauna, geological or physiographical features, or natural habitats, or (b) the notice makes provision that suspends a felling licence. (4) Where a request is made to the Welsh Ministers under section 26A or 26B, the Welsh Ministers must, unless they are of the opinion that the grounds for the request are frivolous, refer the matter to the committee appointed in accordance with section 27. (5) The committee to whom a matter is referred under this section must, after complying with section 27(3), provide the Welsh Ministers with a report in relation to the reference. (6) After considering the report, the Welsh Ministers must— (a) in the case of a request made on the ground in subsection 26A(2)(e) or 26B(2)(d) (suspension should have been ended)— (i) direct the Natural Resources Body for Wales to give a notice under section 24C(7)(b) or 24E(4)(b) (as the case may be) ending the suspension, or (ii) give the person who made the request a notice setting out the reasons why a direction under sub-paragraph (i) is not being given; (b) in the case of any other request, confirm or cancel the notice to which the reference relates.

26D Compensation following receipt of a notice given under section 24C(3)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24C(3), the relevant person is entitled to compensation in accordance with this section and section 26G. (2) If the notice given under section 24C(3) is cancelled under section 26C(6)(b), compensation is payable— (a) for any expenses reasonably incurred in connection with the giving of the notice; (b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice. (3) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24C(3), compensation is payable— (a) for any expenses reasonably incurred in connection with the suspension; (b) for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the suspension. (4) For the purposes of this section “the relevant person” is— (a) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred in connection with a requirement to take steps, the person to whom the notice was given; (b) where compensation is payable for expenses reasonably incurred, and those expenses have been incurred otherwise than in connection with a requirement to take steps, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred; (c) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26E Compensation following receipt of a notice given under section 24D(2)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24D(2), the person to whom the notice was given is entitled to compensation in accordance with this section and section 26G. (2) If the notice given under section 24D(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice.

26F Compensation following receipt of a notice given under section 24E(2)

(1) If in the case of any trees, the Natural Resources Body for Wales gives a person a notice under section 24E(2), the relevant person is entitled to compensation in accordance with this section and section 26G. (2) Compensation is payable for any depreciation in the value of the trees that is attributable to deterioration in the quality of the timber comprised in the trees as a result of the giving of the notice under section 24E(2) (regardless of whether an appeal has been brought under section 26B). (3) If the notice given under section 24E(2) is cancelled under section 26C(6)(b), compensation is payable for any expenses reasonably incurred in connection with the giving of the notice. (4) If a direction is given to the Natural Resources Body for Wales under section 26C(6)(a)(i) to give a notice ending a suspension imposed by the notice given under section 24E(2), compensation is payable for any expenses reasonably incurred in connection with the suspension. (5) For the purposes of this section “the relevant person” is— (a) where compensation is payable for expenses reasonably incurred, a person who had such estate or interest in the land as is referred to in section 10(1) at the time the expenses were incurred; (b) in the case of compensation for depreciation in the value of the trees, the owner of the trees.

26G Compensation under section 26D, 26E and 26F – further provision

(1) Compensation under sections 26D, 26E and 26F is recoverable from the Natural Resources Body for Wales. (2) A claim for compensation under section 26D, 26E or 26F must be made in the prescribed manner and within the prescribed period. (3) Where a claim for compensation is made under section 26D or 26F for deterioration in the quality of the timber— (a) if the trees have been felled, no claim may be made after the expiration of one year from the date of the felling; (b) where a claim is made in reliance on section 26F(2) (depreciation in the value of the trees as a result of the giving of a notice under section 24E(2)), no claim may be made in respect of deterioration occurring more than ten years after the notice was given. (4) In calculating compensation that is payable under section 26D or 26F— (a) no account is to be taken of deterioration in the quality of the timber that is attributable to neglect of the trees; (b) the value of the trees at any time is to be ascertained on the basis of prices current at the date of the claim. (5) If— (a) after giving notice under section 24E(2) that amends a felling licence, the Natural Resources Body for Wales notifies the person specified in subsection (6) that it is prepared to further amend the licence under section 10(3A) so that it has the same effect as it had immediately before the licence was amended by the notice given under section 24E(2), or (b) after giving notice under section 24E(2) that revokes a felling licence, the Natural Resources Body for Wales notifies the person mentioned in subsection (7) that it is prepared to grant a new licence that has the same effect as the licence that was revoked, then in calculating the compensation that is payable under section 26F(2), no account is to be taken of deterioration occurring after the Natural Resources Body for Wales has notified the relevant person in accordance with this subsection. (6) For the purposes of subsection (5)(a), the relevant person is— (a) the applicant for the licence, if the applicant has such estate or interest in the land as is referred to in section 10(1), or (b) if the applicant no longer has such estate or interest, a person who has such estate or interest. (7) For the purposes of subsection (5)(b), the relevant person is the person who has such estate or interest in the land as is referred to in section 10(1). (8) Any question of disputed compensation arising from a claim made under section 26D, 26E or 26F is to be determined in accordance with section 31.

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

(1) References in sections 16, 17B, 20, 21 , 25, 26A, 26B and 26C of this Act to a committee appointed in accordance with this section are to a committee consisting of— (a) a chairman appointed by the Minister in relation to cases where the trees are, or the land is, in England or Wales ... ; and (b) two other members selected by the Minister ... from a panel of persons appointed by him, after such consultation as is provided for below, for the conservancy in which the trees are growing: But this is subject to subsections (1A) and (1B). (1A) The members of a committee appointed in relation to a case concerning trees or land in England ... shall not include any Forestry Commissioner or employee of the Commissioners. (1B) The members of a committee appointed in relation to a case concerning trees or land in Wales shall not include any member or employee of the Natural Resources Body for Wales. (2) The consultation required by subsection (1)(b) above is to be with— (a) the regional advisory committee for the said conservancy; and (b) organisations appearing to the Minister ... to represent the interests of owners 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 committee appointed in accordance with this section shall— (a) afford to the person concerned with the subject-matter of the reference an opportunity of appearing before them and of making representations to them on the matter in question; (b) if they think fit, or are so required by the said person, inspect the trees or land to which the reference relates; and (c) take into consideration any information furnished to them by the appropriate forestry authority as to the performance within the conservancy in which the trees are growing of their duty of promoting the establishment and maintenance ... of adequate reserves of growing trees. For purposes of this subsection “the person concerned with the subject-matter of the reference” is the person at whose request the reference was made, except that in the case of a reference by the Minister ... of a notice under section 21 it is the person by whom the notice was given. (4) The Minister may pay to the members of a committee appointed by him under this section such remuneration as he may, with the consent of the Treasury as regards England ... , determine. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Identification of trees.

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

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

(1) Where the interest of the owner of trees in England or Wales is for the time being subject to a mortgage— (a) a claim for any compensation or sum payable under section 11 , 26, 26D, 26E or 26F of this Act in respect of the trees may be made either by the mortgagor or by the mortgagee; (b) in either case the compensation or sum shall be paid to the mortgagee or, if more than one, to the first mortgagee, and shall be applied by him as if it were proceeds of the sale of the trees. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Subject to the foregoing provisions of this section, where the owner of trees comprised in a settlement within the meaning of the Settled Land Act 1925 is a tenant for life who is impeachable for waste in respect of the trees, any compensation or sum payable under section 11 , 26, 26D, 26E or 26F of this Act in respect of the trees shall be paid to the trustees of the settlement, and shall be applied by them in accordance with section 66(2) of the Settled Land Act 1925 as if it were proceeds of sale of timber cut and sold with the consent of the trustees under that section.

30 Service of documents.

(1) Any document required or authorised to be served under this Part of this Act may be served on a person either by delivering it to him, or by leaving it at his proper address, or by sending it through the post in a registered letter addressed to him at that address or in a letter sent by the recorded delivery service and so addressed. (2) Any such document required or authorised to be served upon an incorporated company or body shall be duly served if it is served upon the secretary or clerk of the company or body or, in the case of service by the Commissioners, upon a director of the company or body. (3) For the purposes of this section and of section 7 of the Interpretation Act 1978, the proper address of any person upon whom any such document as aforesaid is to be served shall, in the case of the secretary or clerk or director of an incorporated company or body, be that of the registered or principal office of the company or body, and in any other case be the last known address of the person to be served: Provided that, where the person to be served has furnished an address for service, his proper address for the said purposes shall be the address furnished. (4) If it is not practicable to ascertain the name or address of an owner, lessee or occupier of land on whom any such document as aforesaid is to be served, the document may be served by addressing it to him by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which it relates, and by delivering it to some responsible person on the land or, if there is no such person on the land to whom it may be delivered, by affixing it or a copy of it to some conspicuous part of the land. (5) The appropriate forestry authority may, for the purpose of enabling them to serve or give any document or direction under this Part of this Act, require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land , and the owner of any land in England, to state in writing the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as a freeholder or owner, mortgagee or creditor in a heritable security, lessee or otherwise; and anyone who, having been required in pursuance of this subsection to give any information, fails to give it, or knowingly makes any mis-statement in respect thereof, shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale. (6) For the purposes of this section, any reference in this Part to the giving of a notice or document by the Natural Resources Body for Wales is to be treated as if it were a reference to the serving of a document.

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

(1) Where a provision of this Part of this Act requires a thing to be determined in accordance with this section, that provision shall— (a) in its application to England and Wales, be taken as requiring it to be determined by the Upper Tribunal; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 Regulations.

(1) The appropriate legislative authority may ... by statutory instrument make regulations for prescribing anything which by this 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 a claim or notice may be made or given thereunder shall include power to require that any particulars specified in the claim or notice shall be verified by statutory declaration. (3) Regulations made under this Part of this Act by the Commissioners may make provision as regards England ... ... . (4) A statutory instrument containing regulations made under this Part of this Act making provision only as regards England ...— (a) if the regulations are made under section 9(5)(b) or (c), shall be of no effect unless approved by a resolution of each House of Parliament; and (b) in a case not falling within the foregoing paragraph, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5A) A statutory instrument containing regulations under this Part making provision only as regards Wales— (a) in the case of regulations under section 9(5)(b) or (c), must not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales; (b) in a case not falling within paragraph (a), is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Application of Part II to Crown land.

(1) In this section “Crown land” means land an interest in which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department. (2) Subject to the following provisions of this section, the provisions of this Part of this Act shall apply in relation to Crown land and trees growing thereon to the extent only of any estate or interest therein which is for the time being held otherwise than on behalf of the Crown. (3) Except with the consent of the appropriate authority as defined in this section,— (a) no conditions relating to the restocking or stocking of Crown land shall be imposed on the grant of a felling licence; (b) no felling directions shall be given in respect of trees growing on Crown land. (4) The Minister ... shall not be authorised to acquire the interest of any person in Crown land by virtue of a notice under section 21 unless an offer has previously been made by that person to dispose of that interest to the appropriate authority on terms that the price payable therefor shall be equal to (and shall be determined in default of agreement in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of such a notice, and that offer has been refused by that authority. (5) In this section “the appropriate authority” in relation to any land means— (a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question ... ; (b) in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; (c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; and (d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department; and if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

34 Meaning of “owner” in Part II.

(1) In this Part of this Act the expression “owner” has the meaning ascribed to it by this section. (2) In relation to land in England or Wales, “owner” means the person in whom for the time being is vested the legal estate in fee simple, except that where in relation to all or any of the provisions of this Part of this Act,— (a) all persons appearing to the Minister to be concerned agree, with the approval of the Minister, that some person shall be treated as the owner of land other than the person who would be so treated apart from the agreement; or (b) on an application in that behalf to the appropriate tribunal determine, having regard to the respective interests of the persons interested in the land, that some person shall be treated as the owner of the land other than the person who would be so treated apart from the determination, that person shall be so treated, but without prejudice to a subsequent agreement or determination, or to his ceasing to be so treated, if the Minister withdraws his approval under paragraph (a) of this subsection. (2A) For the purposes of subsection (2), “appropriate tribunal” means— (a) where the land (or the greater part of the land) is in England, the First-tier Tribunal; and (b) where the land (or the greater part of the land) is in Wales, the Agricultural Land Tribunal established under Part V of the Agriculture Act 1947. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In relation to trees, “owner” means the owner of the land on which the trees are growing and, in the case of trees which have been felled, means the person who was the owner immediately before the feeling.

35 Interpretation of other expressions in Part II.

In this Part of this Act— “conservancy” means any area in England and Wales which may for the time being be designated by the appropriate forestry authority as a conservancy for the purpose of the performance of their functions; “felling” includes wilfully destroying by any means; “felling directions” means directions given by theappropriate forestry authority under section 18 of this Act for the felling of trees; “felling licence” means a licence under this Part of this Act authorising the felling of trees; “mortgage” includes any charge for securing money or money’s worth, and references to a mortgagee are to be construed accordingly; “prescribed” means prescribed by regulations made by the appropriate legislative authority under this Part of this Act; and “ restocking notice ” shall be construed in accordance with section 17A(1) of this Act; “tree preservation order” means an order made or having effect as if made under section 198 of the Town and Country Planning Act 1990 ... . “ tree preservation regulations ” means regulations made under section 202A(1) of the Town and Country Planning Act 1990;

36 Application of Part II to London.

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

37 Advisory committees.

(1) For the purposes of advising the appropriate forestry authority as to the performance of their functions under section 1(3) and Part II of this Act, and such other functions as the appropriate forestry authority may from time to time determine— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the appropriate forestry authority shall continue to maintain a regional advisory committee for each conservancy (within the meaning of Part II of this Act) in England and Wales. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The appropriate forestry authority shall— (a) in considering whether to refuse a felling licence under Part II of this Act, or to 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 the conservancy in which are growing the trees to which the felling licence applied for, or the directions proposed to be given, relate.

38 Composition etc. of advisory committees.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) The chairman and other members of each regional advisory committee shall be appointed by the appropriate forestry authority. (1B) A chairman or member appointed under subsection ... (1A) shall hold and vacate office in accordance with the terms of the instrument by which they are appointed. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Each regional advisory committee shall consist of not less than seven nor more than twelve members, and of those members (other than the chairman) not less than four shall be persons appointed by the appropriate forestry authority after consultation with organisations appearing to them to represent the interests of owners of woodlands and timber merchants respectively and organisations concerned with the study and promotion of forestry. (4) ... The appropriate forestry authority may pay to the members of a regional advisory committee, such allowances as they may with the consent of the Treasury determine. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 Power of Minister to acquire and dispose of land.

(1) Subject to the provisions of this Act, the Minister as regards England or Wales ... may acquire (by purchase, lease or exchange) land which in his ... opinion is suitable for afforestation or for purposes connected with forestry, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him ... under this section at the disposal of the appropriate forestry authority. (2) Subject to subsection (2A) below, the Minister ... may dispose for any purpose of land acquired by him ... under this section. (2A) Subsection (2) above shall not apply in relation to land acquired under this section which is in the Forest of Dean; but the Minister may sell any such land if in his opinion it is not needed, or ought not to be used, for the purpose of afforestation or any purpose connected with forestry, and may exchange any such land for other land more suitable for either of the said purposes and may pay or receive money for equality of exchange. (3) The Minister ... shall have power, in the case of land acquired by him ... under this section,— (a) to manage and use the land for such purposes as he thinks ... fit (this power to include that of erecting buildings and other works on the land) where it is not for the time being placed at the disposal of the appropriate forestry authority under subsection (1) above; and (b) to let the land, or grant any interest or right in or over it. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Schedule 4 to this Act shall have effect as respects the procedure applicable where the Minister acquires ... land under this section, except in a case of compulsory purchase in accordance with the following section.

40 Compulsory purchase of land.

(1) Subject to the provisions of this section, the power of the Minister ... to acquire land by purchase under section 39 above includes a power of compulsory purchase. (2) The following descriptions of land shall not be subject to compulsory purchase under this Act:— (a) land which is the site of an ancient monument or other object of archaeological interest; (b) land which forms part of a park, garden or pleasure ground or which forms part of the home farm attached to, and usually occupied with, a mansion house or is otherwise required for the amenity or convenience of a dwelling-house; (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 rural parish, the Greater London Council the Common Council of the City of London or the council of a London borough; ... (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) land which has been acquired for the purpose of their undertaking by statutory undertakers, that is to say persons authorised by an enactment, or by an order or scheme made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, ... , ... , water or other public undertaking. (e) land held or used by a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) for any purpose in connection with the provision of a universal postal service (within the meaning of that Part). (3) Land shall not be subject to compulsory purchase under this Act if a forestry dedication covenant ... is in force with respect to it and it is being used and managed in accordance with the provisions and conditions of a plan of operations approved by the appropriate forestry authority; and— (a) any question arising under this subsection whether there has been a breach of any of the provisions and conditions of a plan of operations shall be referred for determination as follows, that is to say— (i) in a case relating to England or Wales, by an arbitrator appointerd by the President of the Royal Institution of Chartered Surveyors; ... (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the appropriate forestry authority requiring it to be remedied. (4) The power of compulsory purchase under this Act shall not be excercisable in relation to land held inalienably by the National Trust or by the National Trust for Scotland. (5) The Minister’s ... power of compulsory purchase under this Act shall be exercisable by means of a compulsory purchase order, and— (a) the order shall be made in accordance with Part I of Schedule 5 to this Act; (b) Part II of that Schedule shall apply with respect to the validity and date of operation of the order; and (c) Part III of that Schedule shall apply with respect to the procedure for acquiring land by compulsory purchase. (6) If the said power of compulsory purchase is exercised in relation to land in respect of which an advance by way of grant has been made by the appropriate forestry authority— (a) under section 4 of this Act; or (b) under section 3(3) of the Forestry Act 1919 at any time after the 26th March 1945, not being in either case an advance made more than thirty years before the date of the service of the notice to treat in the exercise of that power, the amount of the compensation for the compulsory purchase shall be reduced by the amount of the advance with compound interest thereon (calculated from the date of the advance to the date on which the compensation is paid) at the rate of £3 per cent. per annum with yearly rests: Provided that, in the case of compensation for the compulsory purchase of one of several interests in such land, the amount of the reduction in the case of each interest purchased shall be equal to a part of the advance and interest proportionate to the value of that interest as compared with the value of the land.

41 Forestry Fund.

(1) The Forestry Fund constituted under section 8 of the Forestry Act 1919 shall be wound up and any balance in the Forestry Fund shall be paid to the Forestry Commissioners. (2) This subsection applies to the following expenses– (a) the salaries of the Forestry Commissioners and the salaries or remuneration of the officers and servants of the Commissioners; (b) all expenses incurred by the Commissioners (including the cost of any grant or loan made by them) in the exercise of their functions under or by virtue of– (i) this Act (including the payment of allowances to the members of any committee maintained by them under this Act), or (ii) any other enactment; (c) any superannuation benefits paid under paragraph 9 of Schedule 1 to this Act or under a scheme made by virtue of paragraph 10 of that Schedule; (d) any administrative expenses of the Secretary of State under Part II of this Act (including sums required for the payment of remuneration to the members of any committee appointed by him under section 27); (e) all capital payments made by the Secretary of State in acquiring land under section 39 above and any expenses incurred by him in managing such land and any rent or other outgoings payable in respect of such land, but this subsection does not apply to any expenses to which subsection (4) below applies. (3) The expenses to which subsection (2) above applies shall be payable out of money provided by Parliament, except in so far as they are met out of money held by the Commissioners in accordance with subsection (6) or (7) below. (3A) Where, by virtue of subsection (3) above, any expenses incurred by the Secretary of State falling within subsection (2) above are to be met out of money held by the Commissioners, they shall make payments to him for that purpose. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The Commissioners may accept any gift made to them for all or any purposes of this Act and, subject to the terms thereof, may apply it for those purposes in accordance with regulations made by them. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Subject to subsection (8) below, all sums received by the Commissioners in respect of– (a) the sale of timber or any other transactions carried out by them in the exercise of their functions under this Act, or (b) any other exercise of their functions under or by virtue of this Act or any other enactment, shall be held by the Commissioners for the purpose of meeting the expenses to which subsection (2) above applies. (7) Subject to subsection (8) below, the following sums received by the Secretary of State shall be paid by him to the Commissioners and held by them for the purpose of meeting the expenses to which subsection (2) above applies– (a) any capital sum received from the sale, lease or exchange of land in England acquired by him under section 39 above and all sums received by him from the letting or use of such land, and (b) all sums received under sections 16 to 18 of the New Forest Act 1949. (8) The Secretary of State may, with the approval of the Treasury, direct– (a) that sums received by the Commissioners falling within subsection (6) above, or by the Secretary of State falling within subsection (7) above, or both, which are specified or of a description specified in the direction, or (b) that all sums received by the Commissioners falling within subsection (6) above, or by the Secretary of State falling within subsection (7) above, or both, as specified in the direction, shall not be subject to subsection (6) or, as the case may be, (7) but shall instead be paid into the Consolidated Fund. (9) The power to give a direction under subsection (8) above includes power to vary or revoke a previous direction under that power. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43 Satisfaction of certain contingent liability to Crown Estate.

(1) If the Minister sells land which was transferred to him, or to any predecessor of his, or to the Commissioners, under section 1(1)(a) of the Forestry (Transfer of Woods) Act 1923 to an amount exceeding 2 hectares at any one time, then if the sum determined under section 3 of the said Act of 1923 as the amount contingently payable by way of compensation for the transfer of rights and interests of the Crown has not been fully paid or satisfied,— (a) the net proceeds of sale, or the portion necessary to satisfy the said sum, shall be paid by the Minister to the Crown Estate Commissioners and shall form part of the Crown Estate; and (b) the payment shall be treated as satisfying a part of that sum equal to the gross proceeds of sale or the corresponding portion of them. (2) If section 1 of the Sovereign Grant Act 2011 ceases to have effect , there shall be paid out of the Consolidated Fund to the Crown Estate Commissioners all such amounts as immediately before the commencement of this Act remained outstanding as compensation 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 Crown Estate Commissioners pursuant to subsection (1) above or to the corresponding provision in section 8(1) of the Crown Estate Act 1961.

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Commissioners shall, on such day and in such form as the Ministers may direct, submit to the Ministers an annual report ... as to their proceedings under this Act ... and the Ministers shall lay the report ... before Parliament. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46 Appropriate legislative authority's power to make byelaws.

(1) Subject to the provisions of this and the next following sections, the appropriate legislative authority may make byelaws with respect to any land which is under the management or control of the appropriate forestry authority and to which the public have, or may be permitted to have, access. (2) The appropriate legislative authority's 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 of the appropriate forestry authority; and (b) for prohibiting or regulating any act or thing tending to injury or disfigurement of the land or its amenities; and (c) without prejudice to the generality of the foregoing, for regulating the reasonable use of the land by the public for the purposes of exercise and recreation. (3) Byelaws under this section— (a) shall not take away or injuriously affect any estate, interest, right of common or other right of a profitable or beneficial nature in, over or affecting any land, except with the consent of the person entitled thereto; (b) shall not apply to a common which is subject to a scheme or regulation made in pursuance of the Metropolitan Commons Acts 1866 to 1898, or the Inclosure Acts 1845 to 1882, or the Commons Act 1899. (4) Byelaws under this section shall be made by statutory instrument and a draft of a statutory instrument containing any such byelaws with respect to land in England ... shall be laid before Parliament. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) A draft of any statutory instrument containing byelaws under this section with respect to land in Wales must be laid before the National Assembly for Wales. (5) If anyone fails to comply with, or acts in contravention of, any byelaw made under this section he shall be guilty of an offence and be liable on summary conviction as follows:— (a) in the case of an offence against byelaws made by the Commissioners with respect to the New Forest, he shall be liable to a fine not exceeding level 2 on the standard scale, (b) in a case not falling within the foregoing paragraph, he shall be liable to a fine not exceeding level 2 on the standard scale; and (c) in the case of a continuing offence falling within either of the foregoing paragraphs he shall be liable to a further fine not exceeding 50p for each day upon which the offence continues. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 New Forest or the Forest of Dean shall be without prejudice to any byelaws made under any other Act by the verderers of either Forest, but before making any such byelaws the Commissioners shall consult with the verderers of the Forest concerned. (2) Section 1(3) of the New Forest Act 1964 (which applies byelaws made by the Commissioners to certain land added under that Act to the Forest) shall have effect with the substitution for the reference to section 2 of the Forestry Act 1927 of a reference to section 46 of this Act. (3) The verderers of either of the said Forests may in their courts inquire into any offence consisting in a failure to comply with, or a contravention of, byelaws made by the Commissioners under section 46, being an offence alleged to have been committed within the Forest, and may punish any such offence so committed. (4) As respects their jurisdiction under this section, the verderers’ courts shall be deemed to be magistrates’ courts, and the provisions of the Magistrates’ Courts Act 1952 and 1957, including provisions as to the recovery of fines and as to appeals, and the provisions 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 the Forest of Dean shall be in addition to, and not in derogation of, any other powers exercisable by them, and shall be without prejudice to the power of any other court in relation to offences under section 46.

48 Powers of entry and enforcement.

(1) An officer of the appropriate enforcement authority or any other person authorised by the appropriate enforcement authority in that behalf may (on production, if so required, of his authority) enter on and survey any land for the purpose of ascertaining whether it is suitable for afforestation or for the purpose of inspecting any timber thereon, or for any other purpose in connection with the exercise of the powers and performance of the duties of the appropriate enforcement authority under this Act or the Plant Health Act 1967. (1A) In subsection (1) “the appropriate enforcement authority” means— (a) in relation to powers and duties of the Commissioners, the Commissioners; (b) in relation to powers and duties of the Welsh Ministers, the Welsh Ministers; (c) in relation to powers and duties of the Natural Resources Body for Wales, the Natural Resources Body for Wales. (2) The appropriate forestry authority may authorise an officer or servant appointed or employed by them to exercise and perform on their behalf such powers and duties as they may consider necessary for the enforcement of byelaws under section 46 of this Act, and in particular to remove or exclude, after due warning, from any land to which the byelaws relate a person who commits, or whom he reasonably suspects of committing an offence against the said section .... (3) Anyone who obstructs an officer or servant appointed or employed by the appropriate forestry authority in the due exercise or performance of his powers or duties under the foregoing subsection shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

49 Interpretation.

(1) In this Act— “the appropriate forestry authority” has the meaning given by section 1(1A); “the appropriate legislative authority” means— the Commissioners, in relation to England ... ; the Welsh Ministers, in relation to Wales; “the Commissioners” means the body known as “The Forestry Commissioners”; “forestry dedication covenant” has the meaning assigned to it by section 5; “ the Minister ” means, except as provided by ... Schedule 1 , the Secretary of State as respects England and the Secretary of State as respects Wales; “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907, and “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the said Act of 1907 or section 8 of the National Trust Act 1939; “National Trust for Scotland” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935, and “held inalienably”, in relation to land belonging to that Trust, means that the land is inalienable under section 22 of that Order. ... (2) For purposes of this Act, Monmouthshire shall be deemed to be part of Wales and not of England. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 Part I of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Part of the Schedule, 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 affecting the general application of section 38 of the Interpretation Act 1889 with regard to the effect of repeals.

51 Short title and extent.

(1) This Act may be cited as the Forestry Act 1967. (2) This Act shall not extend to Northern Ireland.

SCHEDULE 1 The Forestry Commission and its Staff

Part I Administration The Commissioners 1 The Commissioners may for all purposes be described by the name of “The Forestry Commissioners”. 2 (1) Each Forestry Commissioner shall hold and vacate office in accordance with the terms of his warrant of appointment, and one who vacates office shall be eligible for reappointment. (2) There shall be paid to such Forestry Commissioners as may be determined by the Ministers, with the approval of the Treasury, such salaries or other emoluments as may be so determined. 3 The Commissioners may act by three of their number and notwithstanding a vacancy in their number, and may regulate their own procedure. 4 (1) The Commissioners shall have an official seal, which shall be officially and judicially noticed. (2) The seal shall be authenticated by a Forestry Commissioner, or by the secretary to the Commissioners, or by some person authorised by the Commissioners to act on behalf of the secretary. 5 (1) Every document purporting to be an order or other instrument issued by the Commissioners and to be sealed with the seal of the Commissioners authenticated in manner provided by paragraph 4(2) above, or to be signed by the secretary to the Commissioners or any person authorised by the Commissioners to act on behalf of the secretary, shall be received in evidence and be deemed to be such order or instrument without further proof, unless the contrary is shown. (2) The Documentary Evidence Act 1868, as amended by the Documentary Evidence Act 1882, shall apply to the Commissioners as though the Commissioners were included in the first column of the Schedule to the said Act of 1868, and the chairman or any other Commissioner, or the secretary, or any person authorised to act on behalf of the secretary, were mentioned in the second column of that Schedule, and as if the regulations referred to in those Acts included any document issued by the Commissioners. Staff 6 (1) The Commissioners may, subject to such limit as to number as the Treasury may determine, appoint and employ such officers and servants for the purposes of this Act as the Commissioners think necessary, and may remove any officer or servant so appointed or employed. (2) There shall be paid to officers and servants appointed or employed by the Commissioners such salaries or remuneration as the Ministers may, with the approval of the Treasury, determine. Committees appointed under section 2(3) 7 (1) An order of the Commissioners under section 2(3) of this Act appointing a committee shall make provision as to the constitution (including the terms of office of members), quorum and procedure of the committee. (2) There shall be paid . . .to the members of any committee appointed for England ... under section 2(3) who are not Forestry Commissioners or officers of the Commissioners such travelling and other allowances as the Ministers may, with the approval of the Treasury, determine. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary 8 The functions of the Ministers under this Part of this Schedule shall be exercised by them jointly, except in so far as they make arrangements that this paragraph shall not apply. 8A In this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales. Part II Superannuation of Forestry Commissioners and Commission Staff 9 (1) This paragraph applies to Forestry Commissioners and to such classes of officers employed by the Commissioners as may be determined by the Ministers with the approval of the Treasury. (2) Subject to the following provisions, there may be granted to or in respect of persons to whom this paragraph applies the same superannuation benefits as can be granted in respect of persons in the civil service under the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme . . . shall have effect accordingly with respect to persons to whom this paragraph applies as they have effect with respect to persons in the civil service. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 supplement or replace (either as a whole or in part) paragraph 9(2) above, being schemes for the grant of superannuation and other allowances and gratuities to or for the benefit of persons to whom paragraph 9 applies; and, without prejudice to the foregoing,— (a) the superannuation benefits to be granted in accordance with the scheme may include those which may be granted under the said paragraph 9(2), subject to the provisions of that sub-paragraph in the case of contributory pensions; and (b) on the coming into force of a scheme made under this paragraph, paragraph 9(2) shall, to the extent that the scheme makes any provision different therefrom, cease to have effect. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Where on the death of a 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, wages or superannuation benefits, then, subject to any regulations made by the Treasury, probate or other proof of the title of the legal personal representatives may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the Commissioners to be beneficially entitled to the personal estate of the deceased person, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased person or any of his children, to or among such persons as the Commissioners may think fit, and the Commissioners or other person responsible for the payment of any such sum shall be discharged from all liability in respect of any such payment or distribution. This paragraph shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 substituting for references to £5,000 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 them jointly, except in so far as they make arrangements that this paragraph shall not apply. 13A In this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.

SCHEDULE 2 Conveyancing and Other Provisions connected with Forestry Dedication

England and Wales 1 (1) In the case of settled land in England or Wales, the tenant for life may enter into a forestry dedication covenant relating to the land or any part thereof either for consideration or gratuitously. (2) The Settled Land Act 1925 shall apply as if the power conferred by subparagraph (1) above had been conferred by that Act; and for the purposes of section 72 of that Act (which relates to the mode of giving effect to a disposition by a tenant for life and to the operation thereof), and of any other relevant statutory provision applying to England or Wales, entering into 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 Act 1925. (4) Section 28 of the Law of Property Act 1925 (which confers the powers of a tenant for life on trustees for sale) shall apply as if the power of a tenant for life under sub-paragraph (1) above had been conferred by the Settled Land Act 1925. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In the case of diocesan glebe land the Diocesan Board of Finance in which the land is vested and, in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation, with the consent of the Church Commissioners, may enter into a forestry dedication covenant relating to the land either for consideration or gratuitously, and the Ecclesiastical Leasing Acts shall apply as if the power conferred by this paragraph had been conferred by those Acts, except that the consent of the patron of an ecclesiastical benefice shall not be requisite. Provided— (a) the consent of the Church Commissioners shall be required to any transaction under this paragraph relating to diocesan glebe land if such consent would be required under section 21 of the Church Property Measure 2018, and (b) section 47 of that Measure shall apply to any transaction under this paragraph as it applies to any transaction under that Measure and as if the reference therein to the requirements of that Measure included a reference to the requirements of this paragraph. Scotland 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Provisions of section 15 of this Act requiring an application for a felling licence to be dealt with under the Town and Country Planning Acts shall be construed in accordance with this Schedule. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A (1) Where under section 15(2)(a) an application, on being referred to the appropriate national authority, falls to be dealt with under the Town and Country Planning Act 1990, the appropriate national authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations. (2) In this paragraph, “the appropriate national authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A Where under section 15(3)(a) an application, on being referred to an authority who have made a tree preservation order, falls to be dealt with under the Town and Country Planning Act 1990, the authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .