C1Sch. 2 extended (E.W.S.) by s. 15(5) and (E.W.) by s. 45(2) of the Countryside Act 1968 (c. 41, SIF 46:1), Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 39(4) and Agriculture Act 1986 (c. 49, SIF 2:1), s. 18(9)(10)
Sch. 2 applied (E.W.) (30.1.2001) by 2000 c. 37, ss. 16(5), 103(2) (with ss. 16(7), 43)
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 M1Settled 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.
[F1(4)Section 28 of the M2Law 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.]
F1Sch. 2 para. 1(4) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4), 25(5)); S.I. 1996/2974, art.2
M11925 c. 18(98:3)
M21925 c. 20(98:1)
2A university or college to which the M1Universities and Colleges Estates Act 1925 applies may enter into a forestry dedication covenant relating to any land belonging to it in England or Wales either for consideration or gratuitously, and that Act shall apply as if the power conferred by this paragraph had been conferred by that Act.
3In the case of glebe land or other land belonging to an ecclesiastical benefice, the incumbent of the benefice and, in the case of land which is part of the endowment of any other ecclesiastical corporation, the corporation may with the consent of the Church Commissioners 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.
C1Para. 3 excluded as to incumbents by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), s. 47(3), Sch. 7
4(1)In the case of land in Scotland, any person being—
(a)the liferenter, or
(b)the heir of entail,
in possession of the land shall have power to enter into forestry dedication agreements relating to the land or any part thereof.
(2)The M1Trusts (Scotland) Act 1921 shall have effect as if among the powers conferred on trustees by section 4 thereof (which relates to the general powers of trustees) there were included a power to enter into forestry dedication agreements relating to the trust estate or any part thereof.
C1Para. 4 extended (S.) with modifications by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 46(3)
M11921 c. 58(128)
1Provisions 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.
2Where under section 15(2)(a) an application, on being referred to the Minister, falls to be dealt with under the said Acts, the following shall apply:—
(a)if the tree preservation order applies [F1section 77 of the Town and Country Planning Act 1990] or the corresponding provision of the M1Town and Country Planning Act 1947 replaced thereby, or (for Scotland) [F2section 46 of the Town and Country Planning (Scotland) Act 1997] the provisions of the order and any provisions of the said Acts relating to the order shall apply as if the application—
(i)had been one made under the order for the felling of the trees; and
(ii)had been referred to the Minister in pursuance of the said section as so applied;
(b)if the order contains no such provisions as aforesaid it shall have effect for the purposes of this paragraph as if [F3the said section 77] or (for Scotland) [F2the said section 46] were incorporated therein subject to such modifications as the Minister may direct.
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(a)(i)
F2Words in Sch. 3 para. 2 substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 13(3)(a)
F3Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(a)(ii)
M11947 c. 51(123:1)
3Where under section 15(3)(a) of this Act 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 Acts, the provisions of the order and any provisions of [F1the Town and Country Planning Act 1990] or (for Scotland) [F2the Town and Country Planning (Scotland) Act 1997] relating to the order shall apply as if the application were an application made to the said authority for consent for the felling of the trees to which the application for a felling licence relates.
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2, para. 14(3)(6)
F2Words in Sch. 3 para. 3 substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 13(3)(b)
4F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Sch. 3 para. 4 repealed (27.3.2004) by The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), art. 5(2), Sch. 2 (with art. 6)