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Land Reform (Scotland) Act 2003

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This is the original version (as it was originally enacted).

38Criteria for registration

This section has no associated Explanatory Notes

(1)Ministers shall not decide that a community interest is to be entered in the Register unless they are satisfied—

(a)that the land is registrable land;

(b)that—

(i)a significant number of the members of the community defined under section 34(1)(a) above have a substantial connection with the land; or

(ii)the land is sufficiently near to land with which those members of that community have a substantial connection and that its acquisition by the community body is compatible with furthering the achievement of sustainable development;

(c)where the land is salmon fishings or mineral rights, that the community body—

(i)has registered or is registering an interest in; or

(ii)has acquired or is acquiring,

other land containing or contiguous to the waters in which those salmon fishings exist or the land in which those mineral rights are exigible;

(d)that there is within the community a level of support sufficient to justify such registration; and

(e)that it is in the public interest that the community interest be so registered.

(2)For the purposes of subsection (1)(d) above, Ministers—

(a)shall regard an indication of the approval of one tenth or more of the members of the community; and

(b)may regard an indication of the approval of less than one tenth of those members,

as signifying a sufficient level of support.

(3)References in this section to the community are, as respects a community body, references to the community defined in relation to that body under section 34(1)(a) above.

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