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National Parks (Scotland) Act 2000

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This is the original version (as it was originally enacted).

15Management agreements

This section has no associated Explanatory Notes

(1)A National Park authority may enter into an agreement (a “management agreement”) with any person having an interest in land to do, or secure the doing of, whatever the parties to the agreement consider necessary to achieve, in relation to the National Park, the National Park aims.

(2)A management agreement may include such incidental and consequential provisions (including financial ones) as the authority considers necessary or expedient for the purposes of the agreement.

(3)A liferenter or an heir of entail in possession of any land has power to enter into management agreements under this section relating to the land.

(4)The Trusts (Scotland) Act 1921 (c. 58) has effect as if the powers conferred on trustees by section 4 of that Act (general powers of trustees) included a power to enter into management agreements relating to the trust estate.

(5)A management agreement which affects a registrable interest in land may—

(a)where that interest is registered in the Land Register of Scotland, be registered in that Register,

(b)in any other case, be recorded in the appropriate Division of the General Register of Sasines.

(6)An agreement so registered or recorded is enforceable at the instance of the National Park authority against any person deriving title to the land from the other party to the agreement.

(7)But it is not enforceable against a third party who has acquired right to the land (whether or not completed by infeftment) in good faith and for value prior to the agreement being so registered or recorded, or against any person deriving title from such third party.

(8)Despite the terms of a management agreement, the parties to the agreement and any person deriving title from a party may agree to terminate the agreement at any time.

(9)Where the agreement has been registered or recorded under subsection (5), an agreement to terminate it must be registered or, as the case may be, recorded in the same way.

(10)In this section “registrable interest in land” means an interest in land within the meaning of section 28 of the Land Registration (Scotland) Act 1979 (c. 33) which is not an overriding interest within the meaning of that section.

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