- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Subject to subsection (3) below, a real burden may be created only as—
(a)an obligation to do something (including an obligation to defray, or contribute towards, some cost); or
(b)an obligation to refrain from doing something.
(2)An obligation created as is described in—
(a)paragraph (a) of subsection (1) above is known as an “affirmative burden”; and
(b)paragraph (b) of that subsection is known as a “negative burden”.
(3)A real burden may be created which—
(a)consists of a right to enter, or otherwise make use of, property; or
(b)makes provision for management or administration,
but only for a purpose ancillary to those of an affirmative burden or a negative burden.
(4)A real burden created as is described in subsection (3) above is known as an “ancillary burden”.
(5)In determining whether a real burden is created as is described in subsection (1) or (3) above, regard shall be had to the effect of a provision rather than to the way in which the provision is expressed.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: