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Section 50.
1(1)In so far as any appointment, order, regulation, byelaw, application, claim for compensation or reference made, or notice or directions given, or other thing done under an enactment repealed by this Act could have been made, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made, given or done under that corresponding provisions.
(2)Anything begun under an enactment repealed by this Act may be continued under this Act as if begun thereunder.
(3)Any reference in this Act to things done, suffered or occurring in the past shall, so far as the context requires for the purpose of continuity of operation between an enactment repealed by this Act and the corresponding enactment in this Act, be construed as including a reference to things done, suffered or occurring before the commencement of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(4)So much of any document as refers expressly or by implication to any enactment repealed by this Act shall, if and so far as the context permits, be construed as referring to this Act or the corresponding enactment therein.
(5)The generality of sub-paragraphs (1) to (4) above shall not be prejudiced by anything in the subsequent provisions of this Schedule.
2For the purposes of section 16(4) of this Act, any such anniversary of an application as is there referred to shall, in the case of an application made before the commencement of this Act and having effect as if made under this Act, be taken as falling on the date on which it would have fallen if this Act had not been passed.
3A notice given by the Commissioners under section 11(1) of the M1Forestry Act 1951 and having effect as if given under section 24 of this Act shall, in a case where the notice was by virtue of section 11(4) of that Act inoperative immediately before the commencement of this Act, remain inoperative under section 25(2) of this Act for as long as, and no longer than, it would have so remained but for the passing of this Act.
4(1)References in this Act to land acquired by the Minister thereunder shall include references to land which, immediately before the commencement of this Act, was vested in that Minister having been acquired by him or any predecessor of his under section 4 of the M1Forestry Act 1945, or vested by that section in the appropriate Minister for the purposes of that Act, or transferred to the Minister by the operation of Article 9(1) of the M2Secretary of State for Wales and Minister of Land and Natural Resources Order 1965 (which Order transferred functions of the Minister of Agriculture, Fisheries and Food under the Forestry Acts 1919 to 1951 partly to the Minister of Land and Natural Resources and partly to the Secretary of State for Wales) or of Article 2 of the M3Ministry of Land and Natural Resources (Dissolution) Order 1967 (which dissolved the Ministry of Land and Natural Resources and transferred its principal functions under the said Acts to the Ministry of Agriculture, Fisheries and Food).
(2)For the purposes of this Act, any land which was immediately before the commencement of this Act for the time being placed or deemed to have been placed at the disposal of the Commissioners under the Forestry Act 1945 shall be treated as continuing after that commencement to be so placed by virtue of section 39(1) of this Act, without prejudice to the power of the Minister to make any other disposition with regard to that land.
5The references to the Forestry Commissioners in section 48 of the M1Settled Land Act 1925 (which contains regulations respecting forestry leases) and in the definition of “forestry lease” in section 117 of that Act shall be construed as references to the Minister, and the reference in the said definition to the M2Forestry Act 1919 shall be construed as a reference to this Act.
6Any power under any enactment to amend or repeal an enactment repealed by this Act includes power to amend or repeal the corresponding provision of this Act.
Section 50.
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 52 & 53 Vict. c. 30. | The Board of Agriculture Act 1889. | In section 2(2) and (3), the words “and, forestry” and “or forestry”, wherever occurring. |
| In section 4, the words “or forestry”. | ||
| 3 Edw. 7. c. 31. | The Board of Agriculture and Fisheries Act 1903. | In section 1(3) the words “or forestry”. |
| 1 & 2 Geo. 5. c. 49. | The Small Landholders (Scotland) Act 1911. | In section 4(2), (3) and (4), the word “forestry”, wherever occurring. |
| 9 & 10 Geo. 5. c. 58. | The Forestry Act 1919. | The whole Act except so much of section 3(2) as transfers to the Commissioners the power of making orders under the Destructive Insects and Pests Acts 1877 to 1927. |
| 17 Geo. 5. c. 6. | The Forestry Act 1927. | The whole Act. |
| 1 & 2 Geo. 6. c. 13. | The Superannuation (Various Services) Act 1938. | The entries in all three columns of the Schedule relating to the Forestry (Transfer of Woods) Act 1923 and the Forestry Act 1945. |
| 8 & 9 Geo. 6. c. 35. | The Forestry Act 1945. | The whole Act. |
| 10 & 11 Geo. 6. c. 21. | The Forestry Act 1947. | The whole Act. |
| 12 & 13 Geo. 6. c. 44. | The Superannuation Act 1949. | Section 52(1), so far as applying to the superannuation of Forestry Commissioners and officers employed by the Commissioners. |
| 14 & 15 Geo. 6. c. 61. | The Forestry Act 1951. | The whole Act. |
| 9 & 10 Eliz. 2. c. 55. | The Crown Estate Act 1961. | Section 8(1). |
| 10 & 11 Eliz. 2 c. 38. | The Town and Country Planning Act 1962. | In section 29(8), paragraph (a). |
| 1963 c. 23. | The Forestry (Sale of Land) (Scotland) Act 1963. | The whole Act. |
| 1964 c. 83. | The New Forest Act 1964. | Section 13. |
X1The text of s. 47(2) and Sch. 7 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1The repeal of section 2 of the M1Forestry (Transfer of Woods) Act 1923 shall not affect any rights or liabilities of the Commissioners transferred to them under that section, in so far as any such rights and liabilities continued to subsist immediately before the commencement of this Act.
2The repeal of section 4(5) of the M1Forestry Act 1945 shall not be taken as affecting the Minister’s obligation to hold land subject to any terms and conditions applicable by virtue of that subsection, so far as any obligation arising under that subsection continued to subsist immediately before the commencement of this Act; nor shall the said repeal alter the construction of any conveyance, lease or other instrument for whose construction the subsection had effect immediately before the said commencement.
3The repeal of sections 1 to 4 of the M1Forestry Act 1947 shall not affect the application of any of those sections, or any part of them, for the purposes of—
the National Parks and Access to the M2Countryside Act 1949,
the M3Highways (Provision of Cattle Grids) Act 1950, or
the M4Highways Act 1959.
4Notwithstanding the repeal of section 8(1) of the M1Crown Estate Act 1961, the powers of the Minister over land transferred as mentioned in that subsection shall not be subject to any restrictions which may have applied to the land as being part of the Royal forests, parks and chases or any of them.
Forestry Act 1967