Background
The Forestry and Land Management (Scotland) Act 2018 transfers the powers and duties of the Forestry Commissioners, in so far as they relate to Scotland, to the Scottish Ministers. The Act establishes a regulatory system for the felling and restocking of trees, and allows the Scottish Ministers to form two agencies (Scottish Forestry and Forestry and Land Scotland) to carry out its functions.
Scottish Forestry will be responsible for regulatory, policy, support and grant-giving functions, and Forestry and Land Scotland will be responsible for the management of the National Forest Estate.
The Act introduces a number of new deeds that may be presented for recording in the Sasine Register:
- Notice to Comply under s38 Forestry and Land Management (Scotland) Act 2018
- Notice of Variation (of Notice to Comply) under s40 Forestry and Land Management (Scotland) Act 2018
- Notice of Variation (of Remedial Notice) under s40 Forestry and Land Management (Scotland) Act 2018
- Notice of Discharge from Compliance (of Notice to Comply) under s41 Forestry and Land Management (Scotland) Act 2018
- Notice of Discharge from Compliance (of Remedial Notice) under s41 Forestry and Land Management (Scotland) Act 2018
- Notice of registration of a Remedial Notice under s56 Forestry and Land Management (Scotland) Act 2018
- Notice of Liability for Expenses under s64 Forestry and Land Management (Scotland) Act 2018
- Notice of Discharge of Liability for Expenses under s66 Forestry and Land Management (Scotland) Act 2018
These deeds will be submitted by Scottish Forestry (on behalf of Scottish Ministers) - either party can be the applicant on the SAF. These new deeds relate to felling conditions, directions and restocking directions, and the conditions imposed in respect of land. While there is no prescribed style of notice within the act or secondary legislation, details of the expected style of the deeds are here in the example deeds page. The drafting of the notices are designed to provide the applicant the option to delete as appropriate.
Skeleton minutes on the CSR:
Deed type: 187
Notice to Comply under section 38 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT over SUBJECTS (conveyancing description) containing felling conditions/directions as therein mentioned (with compliance date of ^DD/MM/YYYY). Dated ^
Deed type: 188
Notice of Variation under section 40 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT over SUBJECTS (conveyancing description) varying the Notice to Comply dated/recorded ^DD/MM/YYYY as therein mentioned. Dated ^
Deed type: 189
Notice of Discharge from Compliance under section 41 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT of Notice to Comply dated/recorded ^DD/MM/YYYY over SUBJECTS (conveyancing description). Dated ^
Deed type: 190
Remedial Notice under section 56 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT over SUBJECTS (conveyancing description) containing conditions/directions as therein mentioned (with compliance date of ^DD/MM/YYYY). Dated ^
Deed type: 191
Notice of Variation under section 40 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT over SUBJECTS (conveyancing description) varying the Remedial Notice dated/recorded ^DD/MM/YYYY as therein mentioned. Dated ^
Deed type: 192
Notice of Discharge from Compliance under s41 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT of Remedial Notice dated/recorded ^DD/MM/YYYY over SUBJECTS (conveyancing description). Dated ^
Deed type: 193
Notice of Liability for Expenses under section 64 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT for expenses incurred of £^ in respect of SUBJECTS (conveyancing description) as therein mentioned. Dated ^
Deed type: 194
Notice of Discharge of Liability for Expenses under section 66 of the Forestry and Land Management (Scotland) Act 2018 by APPLICANT of Notice of Liability for Expenses recorded ^DD/MM/YYYY in respect of SUBJECTS (conveyancing description). Dated ^
Notes for Drafters:
Under the terms of s44 of the act, the Keeper is not required to investigate or determine whether the information contained in a notice that is submitted for recording is accurate, however the following applies:
- Each deed will have a SAF
- Each deed should conform to Requirements of Writing (Scotland) Act 1995
- Each deed should have an acceptable conveyancing description (see S4.13 of the Sasine Manual)
- Each deed should have date of compliance if needed
- Each deed should have the correct recording date if needed (deed type, 188, 189, 191, 192 and 194)
- The A separate fee for each deed is £60 charged per County.