1 Introduction
1. The proposal for the draft Regulatory Reform (Forestry)
Order 2006 was laid before the House by the Secretary of State
for Environment, Food and Rural Affairs on 19 July 2005. The
purpose of the draft Order is to provide the Forestry Commissioners
with new powers which the Government considers will enable them
to better carry out their duties under statute and in relation
to objectives set for them by ministers with responsibility for
forestry in England and Wales and Scotland. The draft Order would
give to the Commissioners new power to form or participate in
forming companies or charitable trusts. This would make it possible
for them to enter into joint ventures with commercial and public
sector partners to provide improved recreational, sporting and
tourist facilities for the public on the state-owned forest estates
which they manage. The draft Order would also give to the Commissioners
a power to enter into arrangements with other persons and bodies,
delegating to them their existing power to levy charges under
the Countryside Act 1968 for the use of these recreational facilities
in the publicly-owned forests to other persons. The ability to
take part in joint ventures would also be supplemented by a new
power for the Commissioners to exploit commercially intellectual
property rights which arise from research activities they undertake.
2. The second element of the draft Order takes the
form of provision to endow the Commissioners with enhanced powers
to require remedial action following the unlawful felling of trees.
It is proposed to repeal the existing requirement of the Forestry
Act 1967 ("the 1967 Act") that a person may only be
served with a notice requiring them to restock felled trees where
that person has first been convicted of unlawful felling of those
trees under that Act and replace it with a power to require restocking
without the requirement of prior conviction. The Commissioners
would also be empowered to take enforcement action for breach
of requirements imposed by felling licences against the original
applicant for the licence rather than, as now, only against the
freeholder of the land on which felled trees had been growing.
3. With the exception of the intellectual property
rights provision (which also applies in relation to Scotland),
the measures in the draft Order would apply to England and Wales
only. Intellectual property is a reserved matter under the Scotland
Act 1998.
4. The Government laid the draft Order before Parliament
on 23 January 2006, together with an explanatory memorandum prepared
by the Forestry Commissioners.[1]
5. The House has instructed us to examine the draft
Order against such of the criteria specified in Standing Order
No. 141(6) as are relevant. We are also required to consider
the extent to which the responsible minister has had regard to
any report or resolution of the Committee or to any other representations
made during the period for Parliamentary consideration.[2]
Our discussion of matters arising from our consideration is set
out below.
1 Copies of the draft Order and explanatory memorandum
are available to Members of Parliament from the Vote Office and
to members of the public from the Forestry Commissioners website
at www.forestry.gov.uk Back
2
Standing Order No. 141(7) Back
| 
