Search Legislation

Planning etc. (Scotland) Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Planning etc. (Scotland) Act 2006, Section 39. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

39Entitlement to vote in ballotS

This section has no associated Explanatory Notes

(1)Entitlement to vote in a ballot held for the purposes of section 38(1) is to be determined in accordance with this section.

(2)When submitting BID proposals to the local authority, those who have drawn up the proposals are also to submit a statement as to which eligible persons are to be entitled to vote in the ballot.

(3)The statement—

(a)is to specify that the persons entitled to vote are—

(i)those who are eligible persons under subsection (4), or

(ii)those who are eligible persons under subsections (4) and (5), and

(b)may specify that only those who are eligible persons in respect of property of a description set out in the statement are entitled to vote.

(4)A person is an eligible person under this subsection if on the relevant date that person is subject to the non-domestic rate in respect of relevant property.

(5)Subject to subsections (6) to (8), a person is an eligible person under this subsection if on the relevant date that person—

(a)is an eligible tenant or the owner of relevant property, and

(b)is not subject to the non-domestic rate in respect of that property.

(6)An owner of property is an eligible person under subsection (5) only if on the relevant date there is no eligible tenant of that property.

(7)Where there is more than one eligible tenant of property on the relevant date, the eligible person under subsection (5) is whichever of those tenants has no eligible tenant as a sub-tenant.

(8)The Scottish Ministers may by regulations made by statutory instrument make provision altering who is to be an eligible person under subsection (5).

(9)Subject to subsections (10) and (11), in this section the “owner” of property means the person who has right to the property whether or not that person has completed title.

(10)If, in relation to property (or, if the property is held pro indiviso, in relation to any pro indiviso share in the property) more than one person comes within the description of owner in subsection (9), then “owner” means such person as has most recently acquired the right to the property.

(11)Where a heritable creditor is in lawful possession of security subjects which comprise the property, then “owner” means that heritable creditor.

(12)In this section—

  • eligible tenant”, in relation to property, means a tenant or sub-tenant of property under a lease or sub-lease which has at least 5 years to run who is not subject to the non-domestic rate in respect of the property;

  • non-domestic rate” is to be construed in accordance with section 7B of the Local Government (Scotland) Act 1975 (c. 30);

  • relevant date” means such date as is specified in the statement referred to in subsection (2); and

  • relevant property” means lands and heritages—

    (a)

    which are within the business improvement district; and

    (b)

    in respect of which there is an entry on the valuation roll made up under section 1 of the Local Government (Scotland) Act 1975.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 39 in force at 6.2.2007 for specified purposes by S.S.I. 2007/49, art. 2, Sch.

I2S. 39 in force at 1.4.2007 in so far as not already in force by S.S.I. 2007/130, art. 2(2)(3), Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources