The Community Right to Buy (Specification of Plans) (Scotland) Regulations 2004

Scottish Statutory Instruments

2004 No. 231

LAND REFORM

The Community Right to Buy (Specification of Plans) (Scotland) Regulations 2004

Made

18th May 2004

Laid before the Scottish Parliament

21st May 2004

Coming into force

15th June 2004

The Scottish Ministers, in exercise of the powers conferred by section 36(2) and 37(1) of the Land Reform (Scotland) Act 2003(1), and of all other powers enabling them in that behalf, hereby make the following Regulations–

Citation and commencement

1.  These Regulations may be cited as the Community Right to Buy (Specification of Plans) (Scotland) Regulations 2004 and shall come into force on 15th June 2004.

Specification of maps, plans and drawings

2.  A community body application to register an interest in land shall include maps, plans or drawings which comply with the requirements of the Schedule to these Regulations.

3.  Where such an application by a community body is granted the maps, plans or drawings will be held in the Register of Community Interests in Land.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

18th May 2004

Regulation 2

SCHEDULE

1.  Maps, plans or drawings shall–

(a) be drawn to a metric scale corresponding to a scale used by the Ordnance Survey for that land;

(b) be taxative and not demonstrative only;

(c) show north;

(d) contain map grid reference numbers and sufficient surrounding details (fences, houses etc.) to enable the position of the land to be fixed accurately; and

(e) when measurements are shown, be given to two decimal places.

2.  Maps, plans or drawings showing the location of the land in relation to the defined community shall show the boundaries of the postcode units.

3.  Salmon fishings or mineral rights which are the subject of an application must be clearly marked on the map, plan or drawing.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the maps, plans or drawings which are required to accompany an application by a community body to register an interest in land. If the application is granted the maps, plans or drawings are to be entered in the Register of Community Interests in Land. The Schedule to the Regulations requires that the maps, plans or drawings use a metric scale corresponding to a scale used by the Ordnance Survey for that land, are taxative and show a north point. The maps, plans or drawings also require to show grid reference numbers, and when measurements are given these must be to two decimal places. Where a map, plan or drawing shows the location of the land in relation to the community it also requires to show the boundaries of the postcode units.

Where the subject of the application is salmon fishings or mineral rights this requires to be clearly marked on the map, plan or drawing.

(1)

2003 asp 2. Section 98(1) contains definitions of “Ministers” and “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.