REGULATORY REFORM Citation, commencement and interpretation 1 1 This Order may be cited as the Regulatory Reform (Forestry) Order 2006 and shall come into force on the day after the day on which it is made. 2 In this Order “the 1967 Act ” means the Forestry Act 1967 . Incidental powers of Forestry Commissioners 2 After section 7 of the 1967 Act insert— Incidental powers of Commissioners 7A 1 For the purpose of the exercise of their functions under this Act so far as relating to land in England and Wales, or for the purpose of the exercise of their functions under section 8(1)(b) of this Act, the Commissioners may— a form, or participate in the forming of, a body corporate; b invest in a body corporate; c provide loans; d establish a charitable trust; or e act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust. 2 The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval. . Miscellaneous powers of Forestry Commissioners 3 1 Section 8 of the 1967 Act is amended as follows. 2 Renumber the existing provision as subsection (1). 3 After that subsection insert— 2 The Commissioners may exploit any intellectual property or intangible assets arising from the carrying out of any activity referred to in subsection (1)(b). 3 ”Intellectual property” for the purpose of subsection (2) includes any patent, trademark, copyright, design right, registered design or plant breeder’s right. . Power of Forestry Commissioners to require restocking after unauthorised felling 4 1 Section 17A of the 1967 Act (power of Commissioners to require restocking after unauthorised felling) is amended as follows. 2 For subsection (1) substitute— 1 The Commissioners may serve a notice under this section (a “restocking notice”) on a person where— a it appears to the Commissioners that he has committed an offence in England and Wales under section 17 of this Act, or b he is convicted in Scotland of an offence under that section, and (in either case) he has such an estate or interest in the land in question as is mentioned in section 10(1) of this Act. . 3 After subsection (1) insert— 1A A restocking notice is a notice requiring the person on whom it is served— a to restock or stock with trees the land or such other land as may be agreed between the Commissioners and him; and b to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding ten years, specified in the notice. . 4 In subsection (2) after “A restocking notice” insert “which relates to land in Scotland”. Powers of Forestry Commissioners to enforce restocking requirements 5 1 Section 24 of the 1967 Act (notice to require compliance with conditions or directions) is amended as follows. 2 In subsection (2)(a) for “the owner of the land” substitute “the person specified in subsection (2A)”. 3 After subsection (2) insert— 2A The person referred to in subsection (2)(a) is— a where the licence relates to land in England and Wales— i the applicant for the licence, if on the date the notice is served he has such estate or interest in the land as is referred to in section 10(1) of this Act; or ii in any other case, the owner of the land; b where the licence relates to land in Scotland, the owner of the land. . 4 In section 17C of the 1967 Act (enforcement of restocking notice) for “the reference in the said subsection (3)” substitute “the references in section 24(2A)(a)(i) and 26(3)”. Amendments to Countryside Act 1968 6 1 The Countryside Act 1968 is amended as follows. 2 In section 23 (provision of facilities by Forestry Commissioners)— a in subsection (2) after “think fit” insert— or to allow another person to make such charges as that other person thinks fit ; and b after subsection (2) insert— 2A Any arrangements between the Commissioners and another person entered into pursuant to subsection (2) that provide for the sharing of profits shall be subject to Treasury approval. . 3 After section 24 insert— Incidental powers of the Commissioners 24A 1 For the purpose of the exercise of their functions under sections 23(2) and 24(1) of this Act so far as relating to land in England and Wales, the said Commissioners may— a form, or participate in the forming of, a body corporate; b invest in a body corporate; c provide loans; d establish a charitable trust; or e act, or appoint a person to act, as an officer of a body corporate or as a trustee of a charitable trust. 2 The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval. . Jim Knight Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs