The Act Muirburn licences Section 16—Modification, suspension and revocation of muirburn licence
89.Section 13 allows the Scottish Ministers to modify, suspend and revoke muirburn licences. This is a function which they can delegate under section 21. For brevity, in the following explanation of section 16, “the licensing authority” is used to mean the Scottish Ministers or Scottish National Heritage if they have delegated the relevant functions.
90.The licensing authority can modify a muirburn licence at any time. But notice (in accordance with subsection (2) and (3)) has to be given before the modification can take effect, and the notice has to give reasons for the change.
91.The same notice requirements apply to decisions to revoke (i.e. withdraw) or suspend a person’s muirburn licence. In addition, section 16 restricts the circumstances in which the licensing authority can decide to revoke or suspend a licence.
92.Revoking a muirburn licence is only allowed if the licensing authority is satisfied that the licence holder, or another person involved in managing the land that the licence relates to, has committed an offence under Part 2. The licensing authority has only to be satisfied to the civil standard of proof, which is that it is more likely than not that one of those persons committed such an offence, and can therefore be satisfied of that even if the person in question is never found guilty in a criminal court (where the higher evidential standard of proof beyond reasonable doubt applies). Of course if a person were found guilty by a criminal court that would be a sensible basis for the licensing authority to be satisfied that the person committed the offence.
93.Suspending a muirburn licence is an alternative option for the licensing authority in the same circumstances as those in which it could revoke.
94.Section 16(5) states that a muirburn licence is of no effect while suspended. As mentioned in the explanation of section 12, this means that for the duration of the suspension it would be an offence under that section to cause or permit anything to be done for which a muirburn licence is required.
95.Subsection (6) of section 16 requires a court that convicts a person of an offence under Part 2 to notify the licensing authority of that fact. This is so the licensing authority can decide whether to suspend or revoke a muirburn licence in light of the conviction, and can take it into account in considering future licence applications.