Search Legislation

Planning etc. (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

39Entitlement to vote in ballot

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.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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