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Title Conditions (Scotland) Act 2003

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108Amendment of Church of Scotland (Property and Endowments) (Amendment) Act 1933

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In section 9 of the Church of Scotland (Property and Endowments) (Amendment) Act 1933 (c. 44) (right of pre-emption of certain successors in title to persons who granted or disponed without valuable consideration for the erection of a church or manse), after subsection (3) there is added—

(4)Where part of the lands which adjoin as is mentioned in subsection (3) above are conveyed, then on registration of the conveyance that subsection shall cease to afford a right of pre-emption to any owner of the part conveyed unless in the conveyance it is provided that the subsection shall instead cease to afford such a right to any owner of the part retained (in which case the subsection shall apply accordingly).

(5)The Scottish Ministers may by order made by statutory instrument make provision as to the procedures to be followed for the purposes of subsection (3) above.

(6)Without prejudice to the generality of subsection (5) above, any such order may include provision—

(a)as to how a price is to be fixed; and

(b)for any case where there is at any time, as regards the ground or part, more than one person to whom an opportunity to purchase must be afforded under subsection (3) above..

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