Part I Wildlife

Supplemental

16AF1Delegation of licence-granting power: Scotland

1

The Scottish Ministers may delegate their functions in relation to licences under section 16 to—

a

Scottish Natural Heritage; or

b

a local authority.

2

But a function may be delegated to a local authority only in so far as it relates to—

a

the development of land within the meaning of section 26(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); or

b

the demolition of buildings within the meaning of section 55 of the Building (Scotland) Act 2003 (asp 8).

3

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

a

a particular type of bird, other animal or plant;

b

a particular licence or type of licence;

c

a particular area.

4

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

5

A delegation to—

a

Scottish Natural Heritage under subsection (1)(a) is to be made by written direction;

b

a local authority under subsection (1)(b) is to be made by order.

6

A local authority which is delegated a function under subsection (1)(b) must, before granting or modifying a licence, consult Scottish Natural Heritage.

7

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

8

Where a direction or order under subsection (5) is revoked, any existing licence granted under the direction or order continues to have effect (unless the revoking direction or order provides otherwise).