Disputes Panel - Terms of Reference

The Woodland Carbon Code is the UK standard for woodland carbon projects. Scottish Forestry provides Woodland Carbon Code services through a Memorandum of Understanding on behalf of the governments of the UK, Scotland, Wales and Northern Ireland.

The Memorandum of Understanding is between The Secretary of State for Environment, Food and Rural Affairs for the UK Government and The Cabinet Secretary for the Rural Economy for the Scottish Government and The Minister for the Environment, Energy and Rural Affairs for the Welsh Government and the Forestry Commissioners for the Cross-Border provision of Forestry Functions and Research Delivery. 

The Disputes Panel deals with any disputes relating to the interpretation of the standard.

The Disputes Panel advises the Executive Board.

The Executive Board reports to the Nature Markets Strategy Board and provides direction to the Woodland Carbon Code team.

The Advisory Board advises the Executive Board.

The Disputes Panel consists of two members of the government forestry authorities and two members from the forestry and land-use sector with experience and knowledge of the principles and operation of the woodland carbon market in the UK.

Members are appointed by the Executive Board. Posts are permanent. If a member chooses to leave, the Executive Board will appoint a replacement.

The Disputes Panel meets as required to consider dispute cases. The panel normally discuss by email or Microsoft Teams. 
The panel is chaired by Peter Wilson, Wilson Applied Consultancy. The Woodland Carbon Code team provides secretariat support. 

The Panel will recommend the outcome of the case to the Executive Board. Voting is by majority. In the case of a split decision, the chair has the casting vote.

Information about disputes is recorded by the Woodland Carbon Code team but not made publicly available. 

1. The claimant makes their case using the disputes claimant form.
2. The secretariat and/or the validator/ verifier will also provide information on the case.
3. The panel will consider all information then share a draft response with the claimant for comment.
4. The claimant will have a fixed time to comment.
5. Any new information will be shared with the secretariat to ensure a common understanding of the issues.
6. The panel will consider any further information and then formally respond.
7. The panel will make a recommendation to the Executive Board.
8. If the Executive Board are in agreement, the Woodland Carbon Code team will report the decision to the claimant.
9. This decision is final.

If you are unhappy with the decision, then you can make an application to raise a petition for a judicial review within three months of the date of the decision. 

Any complaints about the conduct of Scottish Forestry staff members should follow our standard complaints procedure.

If you have a complaint about the standard of service from validation/verification bodies or disputes about the decision made by a validation/verification body, direct your complaint to the dispute process of the relevant validation/verification body in the first instance. 

Members of the Dispute Panel will complete a Declaration of Interest form and this will be reviewed annually. Declarations will be reviewed by the Woodland Carbon Code team but will not be made public.

If an appointed member has a conflict of interest concerning any case, then the Executive Board will appoint an alternative member.

Depending on the nature of any conflict, the member could be removed from the panel or be removed from meetings concerning the project, organisation or subject where there is a conflict of interest. 

The Woodland Carbon Code team produces an annual report on the code, its governance, the projects and activities over the year, financial information and a look ahead. This is available at woodlandcarboncode.org.uk/about