Title Conditions (Scotland) Act 2003 (asp 9)

Part 3 S Conservation and other personal real burdens

[F1 Climate change burdens S

Textual Amendments

F1 S. 46A and cross-heading inserted (1.4.2010) by Climate Change (Scotland) Act 2009 (asp 12), ss. 68, 100(2) (with s. 95); S.S.I. 2009/341, art. 2(3)

46A Climate change burdens S

(1) On and after the day on which this section comes into force, it shall be competent to create a real burden in favour of a public body or trust, or of the Scottish Ministers, for the purpose of reducing greenhouse gas emissions; and any such burden shall be known as a “climate change burden”.

(2) A climate change burden may only consist of an obligation, in the event of the burdened property being developed, for the property to meet specified mitigation and adaptation standards.

(3) For the purposes of this section, a “public body” means a body listed in Part I or II of the Schedule to the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453).]