The Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2007

Scottish Statutory Instruments

2007 No. 58

TITLE CONDITIONS

The Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2007

Made

7th February 2007

Laid before the Scottish Parliament

9th February 2007

Coming into force

1st April 2007

The Scottish Ministers, in exercise of the power conferred by section 43(5) of the Title Conditions (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, and being satisfied as to the matters mentioned in section 43(6) of that Act, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2007 and shall come into force on 1st April 2007.

Addition to the list of prescribed rural housing bodies

2.  The Schedule to the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004(2) is amended by inserting, in alphabetical order, the bodies listed in the Schedule to this Order.

JOHANN M LAMONT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th February 2007

Article 2

SCHEDULE RURAL HOUSING BODIES PRESCRIBED UNDER SECTION 43(5) OF THE TITLE CONDITIONS (SCOTLAND) ACT 2003

• Colonsay Community Development Company

• Community Self-Build Scotland Limited

• Down to Earth Scottish Sustainable Self Build Housing Association Limited

• Dumfries and Galloway Small Communities Housing Trust

• Fyne Initiatives Limited

Explanatory Note

(This note is not part of the Order)

This Order amends the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004 by adding five bodies to the Schedule which lists bodies that are prescribed as rural housing bodies. A rural housing body is a body in favour of whom it is competent to create a rural housing burden comprising a right of pre emption under section 43(1) of the Title Conditions (Scotland) Act 2003. Section 43(6) provides that a body may be prescribed as a rural housing body only if it has as its object or function (or, as the case may be, one of its principal objects or functions) the provision of housing on rural land or the provision of such land for housing. The Scottish Ministers are satisfied that all five bodies referred to in the Schedule to this Order comply with this requirement.

(1)

2003 asp 9. Section 43 was amended by section 25 of, and paragraph 12 of schedule 4 to, the Tenements (Scotland) Act 2004 (asp 11).

(2)

S.S.I. 2004/477.