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Chamber and committees

Delegated Powers and Law Reform Committee

Forestry and Land Management (Scotland) Bill as amended at Stage 2

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Introduction

  1. At its meeting on 23 January 2018, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the Forestry and Land Management (Scotland) Bill as amended at Stage 2 ("the Bill").i The Committee submits this report to the Parliament under Rule 9.7.9 of the Standing Orders.

  1. The Bill was introduced by the Cabinet Secretary for the Rural Economy and Connectivity, Fergus Ewing MSP, on 10 May 2017. The Bill completed Stage 2 on 13 December 2017.

  1. The Bill aims to deal with the duties and functions of the Scottish Ministers in relation to forestry, and with tree health and testing; the management of forest land by the Scottish Ministers, and introduces a new regulatory regime for felling trees.

  1. Various changes have been made to the Bill following Stage 2, including a requirement for the Scottish Ministers to prepare a report on forestry strategy; changes to the proposed felling regulatory regime as regards continuing conditions on felling applications and remedial notices; and a requirement for the Scottish Ministers to appoint an officer to be known as the Chief Forester.

  1. The Bill was amended at Stage 2 to revise one existing delegated power in section 27 and to provide two new regulations-making powers in section 48 and section 64A.

  1. The Scottish Government has provided the Parliament with a supplementary memorandum ("SDPM") on the delegated powers provisions in the Bill.i

  1. The Committee previously reported on the delegated powers provision in this Bill at Stage 1 in its 34th Report of 2017.i

Delegated Powers Provisions

  1. The Committee considered each of the new delegated powers provisions in the Bill after Stage 2.

  1. The Committee determined that it did not need to draw the Parliament's attention to the delegated powers in the following provisions:

    • Section 27: Decisions on applications

    • Section 48: Remedial notices

    • Section 64A: Chief Forester

Recommendation

  1. The Committee therefore reports that it is content with the delegated powers provisions contained in the Bill as amended at Stage 2.