The Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2017

Scottish Statutory Instruments

2017 No. 7

Title Conditions

The Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2017

Made

16th January 2017

Laid before the Scottish Parliament

18th January 2017

Coming into force

26th February 2017

The Scottish Ministers make the following Order in exercise of the power conferred by section 43(5) of the Title Conditions (Scotland) Act 2003(1) and all other powers enabling them to do so.

They are satisfied as to the matters mentioned in section 43(6)(2) of that Act.

Citation and commencement

1.  This Order may be cited as the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2017 and comes into force on 26th February 2017.

Amendment of the list of prescribed rural housing bodies

2.—(1) The schedule of the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004(3) (rural housing bodies prescribed under section 43(5) of the Title Conditions (Scotland) Act 2003) is amended as follows.

(2) After “Isle of Jura Development Trust” insert—

• “Kilfinan Community Forest Company”.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th January 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the list of prescribed rural housing bodies in the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004. “Kilfinan Community Forest Company” is added to the list of prescribed rural housing bodies. Rural housing bodies are bodies 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.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government, Civil Law and Legal System Division, GW.15, St Andrew’s House, Regent Road, Edinburgh EH1 3DG.

(1)

2003 asp 9.

(2)

Section 43(6) was amended by paragraph 12(b) of schedule 4 of the Tenements (Scotland) Act 2004 (asp 11).

(3)

S.S.I. 2004/477, amended by S.S.I. 2006/108, S.S.I. 2007/58, S.S.I. 2007/535, S.S.I. 2008/391, S.S.I. 2013/100, S.S.I. 2014/130 and S.S.I. 2014/220.