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).