Land Reform (Scotland) Act 2003

Land Reform (Scotland) Act 2003

2003 asp 2

The Act – an Overview

Part 2 the Community Right to Buy

Section 36:  Register of Community Interests in Land

137. Section 36 requires the Keeper of the Registers of Scotland, or such other person as may be designated by Ministers, to set up and maintain a Register of Community Interests in Land.

138. Subsection (2) sets out in detail the information and documents which the Register must contain. It also specifies that the Register shall be maintained in such a manner as to be suitable for public inspection.

139. Subsections (3) and (4) allow the community body to request that information or documents relating to fundraising proposals in connection with land be withheld from public inspection. Any information or document which is the subject of such a request must be kept separately from the Register.

140. Subsection (5) makes clear that there is no compulsion on the community body to supply Ministers with any documentation or information relating to its fundraising arrangements. However, the community body is free to do so if it wishes, for example as part of its plan.

141. Subsection (6) gives Ministers power to modify, by order, provisions contained in subsections (2), (3) and (4). Section 98(5) provides that no such order may be made unless a draft of it is approved by a resolution of the Scottish Parliament.

142. Subsection (7) sets out requirements for public access and retrieval of information from the Register.

143. Subsection (8) provides that a certified extract of an entry from the Register carries the same weight of evidence as an original.

144. Subsection (10) allows Ministers to appoint different persons to carry out different functions in relation to the Register.