The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006

Made: 3rd October 2006

Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred by section 33(2) of the Land Reform (Scotland) Act 2003[^f00001], hereby make the following Order, a draft of which has, in accordance with section 98(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006 and shall come into force on the day after the day on which it is made.

• (2) In this Order “the Act” means the Land Reform (Scotland) Act 2003.

Excluded land

2

• (1) There is designated as excluded land for the purposes of section 33 of the Act, the land comprising the settlements listed in the Schedule to this Order.

• (2) The boundaries of the settlements specified in the Schedule to this Order are the boundaries which are delineated on the maps entitled “The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006: Definitive Maps”[^f00002].

• (3) Foreshore which is adjacent to the settlements specified in the Schedule to this Order is excluded land for the purposes of section 33 of the Act.

Revocation

3

The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2004[^f00003] is revoked.

SCHEDULE

Signed

RHONA BRANKIN — Authorised to sign by the Scottish Ministers — 3rd October 2006

Explanatory note

(This note is not part of the Order)

This Order designates what is “excluded land” for the purposes of section 33 of the Land Reform (Scotland) Act 2003 (“the Act”).

Article 2 (1) and (2) designates as “excluded land” the settlements listed in the Schedule to the Order. The boundaries of the settlements are delineated on maps known as “The Community Right to Buy (Definition of Excluded Land) (Scotland) Order 2006: Definitive Maps”. The effect of a settlement being so designated is that a community body (as defined in section 34 of the Act) is not permitted to register an interest in the Register of Community Interests in Land in any land forming part of the settlement.

Article 2 (3) makes clear that foreshore which is adjacent to any settlement listed in the Schedule to the Order is excluded land.

Copies of the designated maps are available for public inspection free of charge during opening hours, as displayed at the following locations:–

• (a) the Scottish Executive Library, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD;

• (b) the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 4TY (Tel: 0131 244 6003); and

• (c) the Agricultural Area Offices specified in the following table;

Note: Agricultural Area Offices only hold copies of maps relevant to their areas. Copies of these maps are not available at other Agricultural Area Offices as these areas contain no settlements.

Footnotes

[^f00001]: 2003 asp 2.

[^f00002]: The maps were prepared by the Scottish Executive Geographic Information Service and deposited at the Offices of the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.

[^f00003]: S.S.I. 2004/296.