Search Legislation

Community Empowerment (Scotland) Act 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 8

 Help about opening options

Changes to legislation:

Community Empowerment (Scotland) Act 2015, Section 8 is up to date with all changes known to be in force on or before 19 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

This section has no associated Explanatory Notes

8(1)The Land Reform (Scotland) Act 2003 is amended as follows.S

(2)In section 37 (registration of interest in land)—

(a)in subsection (4)(a), after “sought”, insert “ to be registered ”,

(b)after subsection (7)(b), insert and

(c)any notice sent under section 44A,,

(c)in subsection (11)(c), for the words “not registrable land”, substitute “ excluded land as defined in section 33(2) above ”,

(d)in subsection (18), after paragraph (a), insert—

(aa)where the decision is that such an interest is to be entered in the Register, contain information about the duties imposed under section 44A,, and

(e)in subsection (19), after “above”, insert “ , including that subsection as modified by section 39(2)(b) below, ”.

(3)In section 51 (exercise of right to buy: approval of community and consent of Ministers)—

(a)in subsection (2)(a)(i), the words “conducted by the community body” are repealed, and

(b)in subsection (6)—

(i)in paragraph (a), after “receipt”, insert “ by Ministers ”,

(ii)in that paragraph, the words “conducted by the body” are repealed, and

(iii)in paragraph (b), the words “conducted by those bodies” are repealed.

(4)In section 52 (ballot procedure)—

(a)in subsection (3)—

(i)for the words “community body which conducts a ballot”, substitute “ ballotter appointed under section 51A ”,

(ii)after “notify”, insert “ Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of ”,

(iii)the word “and” immediately following paragraph (c) is repealed,

(iv)after paragraph (d), insert—

(e)the wording of that proposition, and

(f)any information provided by the ballotter to persons eligible to vote in the ballot., and

(v)the words “to Ministers” are repealed, and

(b)after subsection (4), insert—

(5)Within 7 days of receiving notification under subsection (3) above, Ministers may—

(a)require the ballotter to provide such information relating to the ballot as they think fit,

(b)require the community body to provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit.

(6)The validity of anything done under this Part of this Act is not affected by any failure by a ballotter to comply with the time limit specified in subsection (4)..

(5)In section 68 (land which may be bought: eligible croft land), in subsection (5), for “the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c.26)”, substitute “ section 69(1) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 ”.

(6)In section 98 (general and supplementary provisions)—

(a)in subsection (5)—

(i)after “33,”, insert “ 35(4), ”,

(ii)for “78 or 94”, substitute “ 72(4), 78, 94 or 97E(4) ”, and

(iii)after “above”, insert “ or regulations made under section 34(A1)(b), (4A) or (4B), 38(2B), 71(A1)(b), (4A) or (4B), 97C(4), (5) or (6), 97D(1)(b), (7) or (8), 97F(9), 97H(6) or 97N(1) or (3) above ”,

(b)after subsection (5), insert—

(5A)In making a decision under section 38(1), 44(3), 51(1)(b), 73(2) or 97G(2), Ministers are to have regard to the International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 subject to—

(a)any amendments in force in relation to the United Kingdom for the time being, and

(b)any reservations, objections or interpretative declarations by the United Kingdom for the time being in force., and

(c)in subsection (8), for “and 52(3)”, substitute “ , 52(3), 97G(7) and (9) and 97J(4) ”.

Commencement Information

I1Sch. 4 para. 8(1)(2)(d)(4)(a) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

I2Sch. 4 para. 8(1)(2)(d)(4)(a) in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

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 Government 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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