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This is the original version (as it was originally enacted).
(1)Where a qualifying condition confers on such person as may be specified in the condition power to—
(a)act as the manager of related properties,
(b)appoint some other person to be such manager, or
(c)dismiss any person appointed by virtue of the power mentioned in paragraph (b),
then, on the appointed day, such condition becomes a real burden in favour of such person and in relation to such burden the qualifying land is the burdened property.
(2)A real burden constituted by virtue of subsection (1) is a manager burden.
(3)For the purposes of subsection (1), whether properties are related properties is to be inferred from all the circumstances.
(4)Without prejudice to the generality of this section, circumstances giving rise to such an inference might include—
(a)the convenience of managing the properties together because they share—
(i)some common feature, or
(ii)an obligation for common maintenance of some facility,
(b)it being evident that the properties constitute a group of properties on which qualifying conditions are imposed under a common scheme, or
(c)there being shared rights to common property.
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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
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