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Power of Commissioners to direct felling

18 Felling directions

(1)Subject to the provisions of this Act (and, in particular, to the duty of the Commissioners to take advice under section 37(3), if it appears to the Commissioners that it is expedient in the interests of good forestry, or for purposes connected with their duty of promoting the establishment and maintenance F1. . . of adequate reserves of growing trees, that any growing trees should be felled—

(a)in order to prevent deterioration or further deterioration in the quality of the timber comprised therein; or

(b)in order to improve the growth of other trees,

they may give directions (in this Act referred to as “felling directions”) to the owner of the trees requiring him to fell them within such period, being not less than two years after the directions have become operative, as may be specified in the directions.

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

(3)Felling directions given by the Commissioners shall contain a statement of the grounds upon which they are given.

(4)A person who is given felling directions by the Commissioners may comply with the directions notwithstanding any lease, covenant or contract relating to the trees or land affected by the directions.

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

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 in accordance with a plan of operations or other working plan approved by them as mentioned in section 14(1) above, but otherwise than under a forestry dedication covenant or agreement.

(2)If an application for a felling licence is made to the Commissioners in the case of trees to which a tree preservation order relates and the Commissioners refer the application under section 15 above to the authority who made the order, then so long as the 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 to which a tree preservation order relates, they shall give notice in writing of the proposal to the authority by whom the order was made; and if within the prescribed period after the receipt of the notice the authority object to the proposal and do not withdraw the objection, the Commissioners shall not give the directions except with the consent of the Minister [F1where the felling direction was given in respect of trees in England and Wales, and the Scottish Ministers where the felling direction was given in respect of trees in Scotland], who shall consult with the said authority before deciding whether to grant or refuse his consent.

(4)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 Review of felling directions

(1)If a person to whom felling directions are given in respect of any trees is aggrieved by the directions on the ground that the felling is not expedient as mentioned in section 18(1), he may by notice served within the prescribed time and in the prescribed manner request the Minister [F1where the felling direction was given in respect of trees in England and Wales, and the Scottish Ministers where the felling direction was given in respect of trees in Scotland] to refer the matter to a committee appointed in accordance with section 27 below and the Minister [F2or, as the case may be, the Scottish Ministers shall, unless he is or they are] of opinion that the grounds for the request are frivolous, refer the matter accordingly.

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

21 Courses open to person adversely affected by felling directions

(1)The provisions of this section shall have effect where a person to whom felling directions are given claims that compliance with the directions would involve him in a net loss after taking into account any benefit arising therefrom in respect of other trees of which he is the owner.

(2)The person may by notice given to the Minister [F1where the felling direction was given in respect of trees in England and Wales, and the Scottish Ministers where the felling direction was given in respect of trees in Scotland] in the prescribed manner and within the prescribed period—

(a)if he has the right to sell the trees for immediate felling, require the Commissioners to buy the trees to which the directions relate; or

(b)in any case, require the Minister [F2or, as the case may be, the Scottish Ministers] to acquire his interest in the land affected by the directions.

A notice under this section requiring the Minister [F2or, as the case may be, the Scottish Ministers] to acquire an interest in land shall be deemed to include an offer by the person entitled to that interest to convey to the Minister [F2or, as the case may be, the Scottish Ministers] such easement or servitude or other right for the benefit of the land over adjoining land in which that person has an interest as may be agreed between that person and the Minister [F2or, as the case may be, the Scottish Ministers] or as may, in default of agreement, be determined in accordance with section 31 of this Act.

(3)The Minister [F2or, as the case may be, the Scottish Ministers] may within the prescribed period after 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 complying with section 27(3), shall thereupon make a report to the Minister [F2or, as the case may be, the Scottish Ministers] and to the person by whom the notice under this section was given and shall state—

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

(b)if so, what modifications (if any) of the directions would be sufficient to avoid that loss.

(5)Where the committee report that compliance with the directions would not involve the person in such loss as aforesaid, the notice shall be of no effect; but in any other case the Minister [F2or, as the case may be, the Scottish Ministers] 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 [F3or they think] fit.

(6)If within the prescribed period after receiving a notice or the report of a committee under this section the Minister [F2or, as the case may be, the Scottish Ministers] has not taken any such action as is authorised by subsection (3) or subsection (5) above, as the case may be, the directions to which the notice relates shall cease to have effect at the expiration of that period.

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

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 under section 21 is accepted by the Minister [F1or, as the case may be, the Scottish Ministers].

(2)The felling directions in respect of which the notice was given shall cease to have effect.

(3)If the notice requires the Commissioners to buy the trees to which the directions relate, the Commissioners shall be deemed to have contracted with that person to buy the trees on the date of acceptance 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) as may in default of agreement be determined in accordance with section 31 of this Act.

(4)If the notice requires the Minister [F1or, as the case may be, the Scottish Ministers] to acquire the person’s interest in the land affected by the directions,—

(a)the Minister [F1or, as the case may be, the Scottish Ministers]shall be deemed to be authorised to acquire that interest compulsorily under section 39 of this Act and to have served a notice to treat in respect thereof on the date of the acceptance of the notice;

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

(5)The power conferred by section 31(1) of the M1Land Compensation Act 1961 or section 39(1) of the M2Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of this section.

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 the Commissioners under this Part of this Act may make provision for securing—

(a)that in any such case proceedings under those sections respectively on the request and on the notice are taken concurrently;

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

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

Enforcement of licence conditions and felling directions

24 Notice to require compliance with conditions or directions

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

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

(b)any felling directions given by the Commissioners are not complied with.

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

(a)in the case of non-compliance with conditions of a felling licence, the owner of 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 the notice have not been taken, the Commissioners may, subject to the following section, enter on the land and take those steps.

(4)Without prejudice to the powers of the Commissioners under the foregoing subsection, a person who without reasonable excuse fails to take any steps required by a notice given to him under this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding [F1level 5 on the standard scale]; and proceedings in respect of such an offence may be instituted within six months of the first discovery of the offence by the person taking the proceedings, provided that no proceedings shall be instituted more than two years after the date of the offence.

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

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 [F1where the notice is given in respect of land or trees in England and Wales, and the Scottish Ministers where the notice is given in respect of land or trees in Scotland] in the prescribed manner and within the prescribed period after the receipt of the notice under section 24, request the Minister [F2or, as the case may be, the Scottish Ministers] 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 [F3or the Scottish Ministers] 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 [F4or, as the case may be, the Scottish Ministers] 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 [F5or, as the case may be, the Scottish Ministers and he or they] 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

(1)If the Commissioners, in the exercise of their powers under section 24, enter on land and take any steps required by a notice under that section, they may recover from the person to whom the notice was given any expenses reasonably incurred in connection therewith.

(2)The Commissioners 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 Commissioners 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 Commissioners under this section may be recovered as a simple contract debt.

Supplementary

X127Committees of reference for purposes of ss. 16, 20, 21 and 25

(1)References in sections 16, [F117B,] 20, 21 and 25 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 [F2in relation to cases where the trees are, or the land is, in England and Wales, and the Scottish Ministers in relation to cases where the trees are, or the land is, in Scotland]; and

(b)two other members selected by the Minister [F3or, as the case may be, the Scottish Ministers] 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:

Provided that no Forestry Commissioner or person employed by the Commissioners shall be a member of any such committee.

(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 [F3or, as the case may be, the Scottish Ministers] 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 Commissioners as to the performance within the conservancy in which the trees are growing of their duty of promoting the establishment and maintenance F4. . . 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 [F3or, as the case may be, the Scottish Ministers] 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 [F5as regards England and Wales], determine.

[F6(4A)The Scottish Ministers may pay to the members of a committee appointed by them under this section such remuneration as they may determine.]

28 Identification of trees

A person authorised by the Commissioners may take such steps, whether by marking or otherwise, as the Commissioners 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, heritable securities 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 or section 26 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)Where the interest of the owner of trees in Scotland is for the time being subject to a heritable security,—

(a)a claim for any compensation or sum payable under section 11 or section 26 of this Act in respect of the trees may be made either by the debtor in the heritable security or by the creditor in the heritable security;

(b)in either case the compensation or sum shall be paid to the creditor in the heritable security or, if more than one, to the creditor whose heritable security has priority over any other heritable security secured on the land, and shall be applied by him as if it were proceeds of the sale of the trees.

(3)Subject to the foregoing provisions of this section, where the owner of trees comprised in a settlement within the meaning of the M1Settled 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 or section 26 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.

(3)For the purposes of this section and of [F1section 7 of the M1Interpretation 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 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:

(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 Commissioners 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, 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 [F2level 1 on the standard scale].

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

(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 Lands Tribunal; and

(b)in its application to Scotland, be taken as requiring it to be determined by the Lands Tribunal for Scotland, subject however to the following subsection.

(2)Until sections 1 to 3 of the M1Lands Tribunal Act 1949 come into force as regards Scotland, the said provision shall be taken as requiring the thing in question to be determined by reference to an official arbiter appointed under Part I of the M2Land Compensation (Scotland) Act 1963; and sections 3 and 5 of that Act shall apply, subject to any necessary modifications, in relation to the determination of any question under this Act by an arbiter so appointed.