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The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2011

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Delegation by the Scottish Ministers of licensing functions

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6.  After regulation 44 (grant of licences for certain purposes)(1) insert—

“Delegation of licence granting power: Scotland

44A.—(1) The Scottish Minsters may delegate their functions in relation to licences under regulation 44 to the appropriate nature conservation body.

(2) A delegation may be, to any degree, general or specific and may in particular relate to—

(a)a particular type of animal or plant,

(b)a particular licence or type of licence, or

(c)a particular area.

(3) Unless it specifies otherwise, a delegation relating to a particular licence (or type of licence) includes the power to modify or revoke the licence (or licences of that type) where granted before the delegation.

(4) A delegation is to be made by written direction.

(5) The Scottish Ministers may modify or revoke a direction under paragraph (4).

(6) The requirement on the Scottish Ministers under regulation 44(5) to take advice from the appropriate nature conservation body does not apply in the period when a direction under paragraph (4) has effect, in respect of any licence granted under the direction.

(7) Where a direction is revoked, any existing licence granted under the direction continues to have effect (unless the revoking direction provides otherwise).”.

(1)

Regulation 44 was relevantly amended by S.I. 2007/1843, and by S.S.I. 2004/475 and 2007/80.

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