Land Reform (Scotland) Act 2003

33 Registrable land

(1) The land in which a community interest may be registered under this Part of this Act (“registrable land”) is any land other than excluded land.

(2) In subsection (1) above, “excluded land” means land described as such in an order made by Ministers.

(3) In determining what land is to be so described, Ministers—

(a) may have regard to factors relating to population and to such other factors associated with or characteristic of the land as they think fit; and

(b) shall secure that registrable land is land appearing to them to be rural.

(4) The description of excluded land in an order under this section shall consist of or include—

(a) a map showing the boundaries of that land; or

(b) a reference to such a map.

(5) Where that description consists of or includes a reference to a map which does not form part of the order, Ministers shall make copies of the map available for public inspection at such times and places as they think fit.

(6) Registrable land includes land consisting of—

(a) salmon fishings; or

(b) mineral rights,

which are owned separately from the land in respect of which they are exigible; but does not include any such fishings or rights which are exigible in respect of excluded land.

(7) In subsection (6) above, “mineral rights” does not include rights to oil, coal, gas, gold or silver.