(1)Before making regulations under section 115(1), a local authority must consult persons appearing to the local authority to have an interest.
(2)At least one month before making regulations under section 115(1), a local authority must—
(a)place an advertisement in at least one newspaper circulating in its area giving notice of—
(i)the authority's intention to make the regulations,
(ii)the general purpose of the proposed regulations,
(iii)the place where a copy of the proposed regulations may be inspected,
(iv)the fact that any person may make written representations in relation to the proposed regulations,
(v)the time within which a person may make representations, and
(vi)the address to which any representations must be sent, and
(b)make copies of the proposed regulations available for inspection by the public without payment—
(i)at its offices, and
(ii)if it considers it practicable, at the allotment site to which the regulations are to apply.
(3)Any person may make a representation in writing in relation to the proposed regulations no later than one month after the last date on which notice under subsection (2)(a) is given.
(4)Before making the regulations, the authority must—
(a)offer any person who makes a representation under subsection (3) the opportunity to make further representations in person, and
(b)take account of any representations received by it by virtue of subsection (3) and paragraph (a).
(5)The regulations are [F1made] by being signed by the proper officer of the authority.
(6)The regulations—
(a)come into force
[F2(i)in the case of the first regulations made by a local authority under section 115(1), on the day after the day on which they are made,
(ii)in any other case, on the day after the day on which they are made or on such later day as may be specified in the regulations], and
(b)continue in force unless revoked.
(7)Subsections (1) to (4) apply in relation to—
(a)a proposed amendment,
(b)a proposed revocation,
(c)an amendment, or
(d)a revocation,
of regulations under section 115(1) as they apply in relation to proposed regulations, or (as the case may be) the making of proposed regulations, under that section.
(8)Subsections (5) and (6) apply in relation to an amendment, or a revocation, of regulations under section 115(1) as they apply in relation to regulations under that section [F3but—
(a)sub-paragraph (i) of paragraph (a) of subsection (6) does not apply and sub-paragraph (ii) of that paragraph applies in relation to any such amendment or revocation, and
(b)subsection (6)(b) does not apply in relation to such a revocation.]
(9)A copy of the regulations must be displayed at the entrance to an allotment site to which they apply.
(10)A local authority must provide a copy of the regulations without charge to any person following a request.
(11)In the case where an allotment site is leased by a local authority, the regulations are subject to any provision of such a lease which is contrary to, or otherwise inconsistent with, the regulations.
Textual Amendments
F1Word in s. 116(5) substituted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97), arts. 1, 2(3)(a)
F2Words in s. 116(6)(a) substituted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97), arts. 1, 2(3)(b)
F3Words in s. 116(8) substituted (16.3.2018) by The Community Empowerment (Scotland) Act 2015 (Supplementary and Consequential Provisions) Order 2018 (S.S.I. 2018/97), arts. 1, 2(3)(c)
Commencement Information
I1S. 116 in force at 1.4.2018 by S.S.I. 2017/458, art. 2, sch.