Forestry devolution: resource list

We completed the devolution of forestry to Scotland on 1 April 2019.

In completing the devolution of forestry to Scotland we brought the Forestry and Land Management (Scotland) Act 2018 and associated secondary legislation into force, published Scotland's Forestry Strategy 2019-2029 and refreshed cross-border arrangements.

Find out more: 

• legislation
• forestry related consultations and impact assessments
• cross-border forestry arrangements
• establishment of Scottish Forestry and Forestry and Land Scotland

Legislation 

The Forestry and Land Management (Scotland) Act 2018 came into force on 1 April 2019, repealing the Forestry Act 1967. The Act made new provisions regarding Scottish Ministers’ functions in relation to forestry and land management.

Regulations on exemptions and dealing with felling and restocking provided a new regulatory regime to support the effective implementation of the Forestry and Land Management (Scotland) Act 2018.

A Scotland Act Order (made under s90) transferred the property, rights and liabilities of the Forestry Commissioners, in so far as they relate to the exercise of their functions in or as regards Scotland, to the Scottish Ministers and provided powers for the Scottish Ministers to enter into agreements whereby UK Government Ministers can deliver functions on behalf of the Scottish Ministers.

Another Scotland Act Order (made under s104) made consequential amendments to UK legislation as a consequence of the Forestry and Land Management (Scotland) Act coming into force, including providing powers for the Scottish Ministers to enter into agreements whereby a range of other bodies can deliver functions on behalf of the Scottish Ministers.

Regulations setting out the qualifications to be held by the person appointed as chief forester were also made.

Forestry related consultations and impact assessments and associated resource

Future of forestry in Scotland: consultation, responses and analysis. Gathered views on proposals for new organisational arrangements, cross-border arrangements, and a modern legislative framework.

Forestry and Land Management (Scotland) Bill impact assessments:

• equality impact assessment
• business and regulatory impact assessment
• children's rights and wellbeing impact assessment (pre-screening)
• strategic environmental assessment (pre-screening)

We also produced a series of factsheets explaining the Forestry and Land Management (Scotland) Act and associated legislation. 

Cross-border forestry arrangements

We revised and strengthened cross-border forestry arrangements on a range of functions through a Memorandum of Understanding (MoU). The MoU sets out the details of the governance, commissioning and funding arrangement agreed between the Scottish, Welsh and UK Governments and the Forestry Commission.

The MoU sets out key cross-border functions of which: 

• Scotland will have responsibility for the UK Forestry Standard, the Woodland Carbon Code and forestry economics advice - functions co-ordinated by Scottish Forestry
• Wales will co-ordinate the commissioning, co-ordination and programme management of forestry research
• England/UK will have responsibility for co-ordinating international forestry policy support and certain plan health (forestry) functions
• Forest Research will remain intact as an executive agency of the Forestry Commissioners

Establishment of Scottish Forestry and Forestry and Land Scotland

The administrative arrangements for establishing the two new Scottish Government executive agencies were set out in a report laid before the Scottish Parliament in March 2019.