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Community Empowerment (Scotland) Act 2015

Status:

This is the original version (as it was originally enacted).

SCHEDULE 1COMMUNITY PLANNING PARTNERS

(introduced by section 4(1))

  • The board of management of a regional college designated by order under section 7A of the Further and Higher Education (Scotland) Act 2005 which is situated in the area of the local authority

  • The chief constable of the Police Service of Scotland

  • The Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 whose area includes, or is the same as, the area of the local authority

  • Highlands and Islands Enterprise where the area within which, or in relation to which, it exercises functions in accordance with section 21(1) of the Enterprise and New Towns (Scotland) Act 1990 includes the whole or part of the area of the local authority

  • Historic Environment Scotland

  • Any integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 to which functions of the local authority and the Health Board are delegated

  • A National Park authority, established by virtue of a designation order under section 6 of the National Parks (Scotland) Act 2000, for a Park whose area includes the whole or part of the area of the local authority

  • A regional strategic body specified in schedule 2A to the Further and Higher Education (Scotland) Act 2005 which is situated in the area of the local authority

  • Scottish Enterprise

  • The Scottish Environment Protection Agency

  • The Scottish Fire and Rescue Service

  • Scottish Natural Heritage

  • The Scottish Sports Council

  • The Skills Development Scotland Co. Limited

  • A regional Transport Partnership established by virtue of section 1(1)(b) of the Transport (Scotland) Act 2005 whose region includes, or is the same as, the area of the local authority

  • VisitScotland

SCHEDULE 2PUBLIC SERVICE AUTHORITIES

(introduced by section 21(1))

  • The board of management of a college of further education (those expressions having the same meanings as in section 36(1) of the Further and Higher Education (Scotland) Act 1992)

  • A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978

  • Highlands and Islands Enterprise

  • A local authority

  • A National Park authority established by virtue of a designation order under section 6 of the National Parks (Scotland) Act 2000

  • The Police Service of Scotland

  • Scottish Enterprise

  • The Scottish Environment Protection Agency

  • The Scottish Fire and Rescue Service

  • Scottish Natural Heritage

  • A regional Transport Partnership established by virtue of section 1(1)(b) of the Transport (Scotland) Act 2005

SCHEDULE 3RELEVANT AUTHORITIES

(introduced by section 78(1))

  • The board of management of a college of further education (those expressions having the same meanings as in section 36(1) of the Further and Higher Education (Scotland) Act 1992)

  • The British Waterways Board

  • The Crofting Commission

  • A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978

  • Highlands and Islands Enterprise

  • A local authority

  • A National Park authority established by virtue of a designation order under section 6 of the National Parks (Scotland) Act 2000

  • The Scottish Courts and Tribunals Service

  • Scottish Enterprise

  • The Scottish Environment Protection Agency

  • The Scottish Fire and Rescue Service

  • The Scottish Ministers

  • Scottish Natural Heritage

  • The Scottish Police Authority

  • Scottish Water

  • A Special Health Board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978

  • A regional Transport Partnership established by virtue of section 1(1)(b) of the Transport (Scotland) Act 2005

SCHEDULE 4MINOR AND CONSEQUENTIAL AMENDMENTS

(introduced by section 144(1))

Small Landholders (Scotland) Act 1911

1In section 26 of the Small Landholders (Scotland) Act 1911 (supplementary provisions and restrictions), in subsection (3)(e), for “the Allotments (Scotland) Act, 1892, or the Local Government (Scotland) Act, 1894”, substitute “Part 9 of the Community Empowerment (Scotland) Act 2015”.

Compensation (Defence) Act 1939

2In section 18 of the Compensation (Defence) Act 1939 (application to Scotland and Northern Ireland), in subsection (1), for “the Allotments Act, 1922 shall be construed as a reference to the Allotments (Scotland) Act, 1922”, substitute “allotment gardens within the meaning of the Allotments Act, 1922 is omitted”.

Agriculture (Scotland) Act 1948

3(1)Section 86 of the Agriculture (Scotland) Act 1948 is amended as follows.

(2)In the proviso to subsection (1), in paragraph (a), for “allotment gardens”, substitute “allotments”.

(3)In subsection (3), for the definition of “allotment garden”, substitute—

  • “allotment” has the meaning given by section 107 of the Community Empowerment (Scotland) Act 2015;.

Opencast Coal Act 1958

4(1)The Opencast Coal Act 1958 is amended as follows.

(2)In section 41 (provisions as to allotment gardens and other allotments), in subsection (3), for the words from “the”, where it third occurs, to the end, substitute “section 107 of the Community Empowerment (Scotland) Act 2015”.

(3)In the Eighth Schedule (tenancies of allotment gardens and other allotments), in paragraph 10—

(a)for sub-paragraph (a), substitute—

(a)paragraph 1 applies as if sub-paragraph (2) were omitted;,

(b)for sub-paragraph (b), substitute—

(b)sub-paragraph (1) of paragraph 3 applies as if for “the Act of 1908 or the Act of 1922 or the Allotments Act, 1950, or by virtue of any other enactment relating to allotments” there were substituted “Part 9 of the Community Empowerment (Scotland) Act 2015”;,

(c)for sub-paragraph (c), substitute—

(c)sub-paragraph (2) of paragraph 3 applies as if—

(i)for “any of the enactments mentioned in the next following sub-paragraph” there were substituted “Part 9 of the Community Empowerment (Scotland) Act 2015 (but excluding any compensation for disturbance)”,

(ii)“garden” were omitted, and

(iii)for “subsection (2) of section two of the Act of 1922” there were substituted “section 127(2) of the Community Empowerment (Scotland) Act 2015;,

(d)in sub-paragraph (e), for the words from “for” to the end, substitute “any reference to the Allotments Act, 1950 is to be read as a reference to Part 9 of the Community Empowerment (Scotland) Act 2015”, and

(e)for sub-paragraph (f), substitute—

(f)sub-paragraph (1) of paragraph 5 applies as if for “section four or section five of the Act of 1922, or of subsection (4) of section forty-seven of the Act of 1908” there were substituted “section 132 of the Community Empowerment (Scotland) Act 2015”;.

Local Government (Scotland) Act 1973

5In the Local Government (Scotland) Act 1973—

(a)in section 73 (appropriation of land)—

(i)in subsection (2), the word “not” is repealed,

(ii)in that subsection, for “except with the consent of the Secretary of State”, substitute “subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015”, and

(iii)in subsection (3), after “allotments”, insert “(within the meaning of section 107 of that Act)”,

(b)in section 99 (general duties of auditors), in subsection (1)(c), for “sections 15 to 17 (community planning) of the Local Government in Scotland Act 2003 (asp 1)”, substitute “Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning)”, and

(c)in section 102 (reports to Commission by Controller of Audit), in subsection (1)(c)—

(i)the words “and Part 2 (community planning)” are repealed, and

(ii)at the end, insert “and Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning)”.

Local Government Act 1992

6In section 1 of the Local Government Act 1992 (publication of information as to standards of performance), in subsection (1)(b), for the words “Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1)”, substitute “Part 2 (community planning) of the Community Empowerment (Scotland) Act 2015”.

Local Government in Scotland Act 2003

7In section 57 of the Local Government in Scotland Act 2003 (power to modify enactments), in subsection (2)(a), for “, 13(1) or 15(1)”, substitute “or 13(1)”.

Land Reform (Scotland) Act 2003

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

(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)”.

Fire (Scotland) Act 2005

9In the Fire (Scotland) Act 2005—

(a)in section 41E (local fire and rescue plans), in subsection (6), for “Local Government in Scotland Act 2003 (asp 1)”, substitute “Community Empowerment (Scotland) Act 2015”, and

(b)in section 41J (Local Senior Officers), in subsection (2)(c), for “section 16(1)(d) of the Local Government in Scotland 2003 (asp 1) (duty to participate in community planning)”, substitute “Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning)”.

Schools (Consultation) (Scotland) Act 2010

10In the Schools (Consultation) (Scotland) Act 2010, in schedule 2 (relevant consultees)—

(a)for sub-paragraph (h) of each of paragraphs 1, 2, 3, 4 and 5, substitute—

(h)the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for the area of the local authority in which any affected school is situated,

(ha)any other community planning partnership that the education authority considers relevant,, and

(b)for sub-paragraph (h) of paragraph 10, substitute—

(h)the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for the area of the local authority in which the further education centre is situated,.

Public Services Reform (Scotland) Act 2010

11In section 115 of the Public Services Reform (Scotland) Act 2010 (joint inspections), in subsection (12), for the words from “means” to the end of the subsection, substitute “is to be construed in accordance with section 7 of the Children and Young People (Scotland) Act 2014.”.

Police and Fire Reform (Scotland) Act 2012

12In the Police and Fire Reform (Scotland) Act 2012—

(a)in section 46 (duty to participate in community planning), in subsection (2), for “section 16(1)(e) of the Local Government in Scotland Act 2003”, substitute “Part 2 of the Community Empowerment (Scotland) Act 2015”, and

(b)in section 47 (local police plans), in subsection (11), for “Local Government in Scotland Act 2003 (asp 1)”, substitute “Community Empowerment (Scotland) Act 2015”.

SCHEDULE 5REPEALS

(introduced by section 144(2))

EnactmentExtent of repeal
Allotments (Scotland) Act, 1892The whole Act.
Land Settlement (Scotland) Act, 1919Part 3 and paragraph 6 of the First Schedule.
Allotments (Scotland) Act 1922The whole Act.
Agricultural Land (Utilisation) Act 1931Section 24(j).
Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947Section 1(4)(b).
Allotments (Scotland) Act 1950The whole Act.
Emergency Laws (Miscellaneous Provisions) Act 1953Section 5(6).
Opencast Coal Act 1958In the Eighth Schedule, in paragraph 10(h), the words from “but” to the end.
Town and Country Planning (Scotland) Act 1959Section 26.
Local Government (Scotland) Act 1973In Schedule 27, paragraphs 16 to 20, 54 and 58 to 60.
Local Government etc. (Scotland) Act 1994In Schedule 13, paragraphs 6, 12 and 35.
Local Government in Scotland Act 2003Part 2.
Section 57(2)(b).
Land Reform (Scotland) Act 2003In section 38(1), paragraph (a) and, in paragraph (b), the word “substantial” where it appears in each of sub-paragraphs (i) and (ii).
Section 40(4)(g)(iv).
In section 50, subsection (2)(b).
In section 51, subsection (3)(a).
In section 52, subsection (2).
In section 61(3), the words from “or” to “person”.
In section 62, subsections (5) and (6) and, in subsection (7), the words “within 4 weeks of the hearing of the appeal”.
In section 98(5), the word “33”.

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