The Act – Commentary on Sections Part 4 – Other Wildlife Etc. Extension of muirburn season etc. – inserted section 23B of the 1946 Act
220.Section 23B of the 1946 Act enables the Scottish Ministers by order to further regulate the making of muirburn, where they have extended either muirburn season under section 23A(1) of that Act. Such further regulation might include provision on notification requirements, or on the making of objections or requiring approval for burning in an extended season, or as to the making of muirburn being subject to specified conditions. Relevant offences can also be created (subsection (3)(g) to (i)).
221.Orders made under section 23B are subject to negative procedure in the Scottish Parliament (subsections (6) and (7)).