32 Regulations

(1)The Commissioners may, subject to their duty of consultation under section 37(2) below, 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.

[F1(3)Regulations made under this Part of this Act may make provision as regards England and Wales, or as regards Scotland.

(4)A statutory instrument containing regulations made under this Part of this Act making provision only as regards England and Wales–

(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)A statutory instrument containing regulations made under this Part of this Act making provision only as regards Scotland–

(a)if the regulations are made under section 9(5)(b) or (c), shall be of no effect unless approved by a resolution of the Scottish Parliament; and

(b)in a case not falling within the foregoing paragraph, shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(6)The Statutory Instruments Act 1946 F2 shall apply to any statutory instrument containing regulations made under this Part of this Act applying to Scotland as it applies to any statutory instrument made by the Scottish Ministers.]

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 [F1and the Scottish Ministers] 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 Agricultural Land Tribunal established under Part V of the M1Agriculture Act 1947 the 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.

(3)In relation to land in Scotland, “owner” means the person who for the time being is the proprietor of the dominium utile or, in the case of land other than feudal land, is the owner thereof, except that where, in relation to all or any of the provisions of this Part of this Act,—

(a)all persons appearing to the [F1Scottish Ministers] to be concerned agree, with the approval of the [F1Scottish Ministers], 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 Scottish Land Court the Court determines, 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 [F2the Scottish Ministers withdraw their] approval under paragraph (a) of this subsection.

(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 Great Britain which may for the time being be designated by the Commissioners 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 the Commissioners 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” and “heritable security” include any charge for securing money or money’s worth, and references to a mortgagee, or to a creditor or a debtor in a heritable security, shall be construed accordingly;

• “prescribed” means prescribed by regulations made by the Commissioners under this Part of this Act; and

• [F1“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 [F2section 198 of the Town and Country Planning Act 1990] or [F3section 160 of the Town and Country Planning (Scotland) Act 1997].

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 M1London Government Act 1963.