The Hedgerows Regulations 1997 No. 1160

SCHEDULE 1 ADDITIONAL CRITERIA FOR DETERMINING “IMPORTANT” HEDGEROWS

PART I INTERPRETATION

In this Schedule—

• “building” includes structure;

• “Record Office” means—

  (a)

  a place appointed under section 4 of the Public Records Act 1958(1) (place of deposit of public records),

  (b)

  a place at which documents are held pursuant to a transfer under section 144A(4) of the Law of Property Act 1922(2) or under section 36(2) of the Tithe Act 1936(3), including each of those provisions as applied by section 7(1) of the Local Government (Records) Act 1962(4), or

  (c)

  a place at which documents are made available for inspection by a local authority pursuant to section 1 of the Local Government (Records) Act 1962;

• “relevant date” means the date on which these Regulations are made;

• “Sites and Monuments Record” means a record of archaeological features and sites adopted—

  (a)

  by resolution of a local authority within the meaning of the Local Government Act 1972(5), or

  (b)

  in Greater London, by the Historic Buildings and Monuments Commission(6);

• “standard tree”—

  (a)

  in the case of a multi-stemmed tree, means a tree which, when measured at a point 1.3 metres from natural ground level, has at least two stems whose diameters are at least 15 centimetres;

  (b)

  in the case of a single-stemmed tree, means a tree which, when measured at a point 1.3 metres from natural ground level, has a stem whose diameter is at least 20 centimetres;

• “woodland species” means the species listed in Schedule 2; and

• “woody species” means the species and sub-species listed in Schedule 3, and any hybrid, that is to say, any individual plant resulting from a cross between parents of any species or sub-species so listed, but does not include any cultivar; and

references to the documents in paragraph 6(3)(b) and (4) are to those documents as at the relevant date, without taking account of any subsequent revisions, supplements or modifications.

(1)

1958 c. 51.

(2)

1922 c. 16; section 144A was inserted by the Law of Property (Amendment) Act 1924 (c. 5), Schedule 2.

(3)

1928 c. 2.

(4)

1962 c. 56.

(5)

1972 c. 70.

(6)

The Commission was established by section 32 of the National Heritage Act 1993 (c. 47).