Commentary on Sections Part 2 – Conservation and Enhancement of Natural Features Chapter 2 -Nature Conservation Orders Section 24 Amendment or revocation of nature conservation orders
177.This section allows the Scottish Ministers to amend an NCO or to revoke the NCO in whole or in part.
178.Subsection (1) provides that the Scottish Ministers may amend or revoke an NCO by order and that such an order will be known as an amending order or revoking order respectively.
179.Subsection (2) enables an amending order to: add to, modify or remove the prohibited operations specified in the NCO; modify the NCO in relation to the circumstances in which particular operations are not prohibited, in line with section 23(1)(b); and extend or restrict the area of land to which the order applies.
180.Subsection (3) provides that an amending order, like the original NCO and any revoking order, comes into immediate effect on being made by the Scottish Ministers.
181.Subsection (4) provides for an amended NCO to have effect as amended for as long as the amending order which amends it has effect.
182.Subsection (5) provides that a revoking order may revoke the NCO for part of the original area covered by the NCO (thereby, in effect, amending it by reducing its extent).
183.Subsection (6) provides that a revoking order, like the original NCO and any amending order, comes into immediate effect on being made by the Scottish Ministers.