LegalizeThe Community Empowerment (Scotland) Act 2015 (Commencement No. 2) Order 2015
Made: 27th October 2015
Laid before the Scottish Parliament: 29th October 2015
Coming into force: 13th November 2015
The Scottish Ministers make the following Order in exercise of the power conferred by section 145(2) of the Community Empowerment (Scotland) Act 2015[^f00001].
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Community Empowerment (Scotland) Act 2015 (Commencement No. 2) Order 2015 and comes into force on 13th November 2015.
- (2) In this Order—
- “the Act” means the Community Empowerment (Scotland) Act 2015; and
- “the 2003 Act” means the Land Reform (Scotland) Act 2003[^f00002].
Appointed day
2
- (1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule (the subject matter of which is described in column 2 of that table) is 13th November 2015.
- (2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 13th November 2015 only for that purpose.
SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 13TH NOVEMBER 2015
| Column 1 Provisions of the Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| Section 9(2), (5) and (6) | Localities: comparison of outcomes | For the purpose of making regulations |
| Section 15 | Guidance about community planning | For the purpose of issuing guidance for the purposes of Part 2 of the Act |
| Section 18 | Interpretation of Part 2 | |
| Section 20(2) and (3) | Meaning of “community participation body” | For the purpose of making orders |
| Section 21(2), (3), (4), (8) and (9) | Meaning of “public service authority” | For the purpose of making orders |
| Section 23 | Regulations with further provision about participation requests | |
| Section 24(7)(a) and (8) | Participation requests: decisions | For the purpose of making regulations |
| Section 26(6) | Proposed outcome improvement process | For the purpose of making regulations |
| Section 29(3) | Modification of outcome improvement process | For the purpose of making regulations |
| Section 31(6) | Reporting | For the purpose of making regulations |
| Section 34 | Guidance on participation requests | For the purpose of issuing guidance for the purposes of Part 3 of the Act |
| Section 35 | Interpretation of Part 3 | |
| Section 37(1), (4), (7) and (8) | Community bodies | For the purpose of making regulations under section 34(5)(a) of the 2003 Act |
| Section 40 | Public notice of certain applications | For the purpose of making regulations under section 37(4)(b) and (4A) of the 2003 Act |
| Section 42(1), (2), (4) and (9) | Procedure for late applications: similar community bodies | For the purpose of making regulations under section 39(7)(c) of the 2003 Act |
| Section 44 | Notification of transfer: specifications of maps, plans or other drawings | For the purpose of making regulations under section 41(3)(b) of the 2003 Act |
| Section 49 | Appointment of person to conduct ballot on proposal to buy land: prescribed information to be provided to ballotter | For the purpose of making regulations under section 51A(2)(b) and (6) of the 2003 Act |
| Section 50 | Consent under section 51 of the 2003 Act: prescribed information | For the purpose of making regulations under section 51B(2)(b), (3) and (4) of the 2003 Act |
| Section 52 | Ballot not conducted as prescribed | For the purpose of making regulations under section 52(7) of the 2003 Act |
| Section 76 | Meaning of “the 2003 Act” in Part 4 of the Act | |
| Section 77(2) and (3) | Meaning of “community transfer body” | For the purpose of making orders |
| Section 78(2), (3) and (4) | Meaning of “relevant authority” | For the purpose of making orders |
| Section 81 | Asset transfer requests: regulations | |
| Section 82(8)(a) and (9) | Asset transfer requests: decisions | For the purpose of making regulations |
| Section 83(10) | Agreement to asset transfer request | For the purpose of making regulations |
| Section 85(3), (4) and (10) | Asset transfer requests: appeals | For the purpose of making regulations |
| Section 86(3), (4), (7)(b)(i) and (9) | Review by local authority | For the purpose of making regulations |
| Section 87(3), (4) and (9) | Review of decisions by the Scottish Ministers | For the purpose of making regulations |
| Section 88(3) | Appeals from reviews under section 86 | For the purpose of making regulations |
| Section 89(2), (3) and (4) | Decisions by relevant authority specified under section 85(2)(c): reviews | For the purpose of making regulations or orders |
| Section 90(12), (13) and (14) | No concluded contract: appeals | For the purpose of making regulations |
| Section 94(4), (5) and (6) | Duty to publish register of land | For the purposes of making regulations and issuing guidance for the purposes of section 94 of the Act |
| Section 96 | Guidance on asset transfer requests | For the purpose of issuing guidance for the purposes of Part 5 of the Act |
| Section 97 | Interpretation of Part 5 | |
| Section 103 | Guidance about common good registers | |
| Section 105 | Guidance about disposal etc. of common good property | |
| Section 106 | Interpretation of Part 8 | |
| Section 137 | Guidance on allotments | For the purpose of issuing guidance under section 137(1) of the Act |
| Section 139(1) to (5) and (7) | Participation in decisions of certain persons exercising public functions | For the purpose of making regulations |
| Section 144(1) and schedule 4 so far as they relate to paragraph 8(1) and (2)(d) of schedule 4 | Minor and consequential amendments: notice by Ministers of their decision whether or not a community interest is to be entered in the Register of Community Interests in Land | For the purpose of making regulations under section 37(18) of the 2003 Act |
| Section 144(1) and schedule 4 so far as they relate to paragraph 8(1) and (4)(a) of schedule 4 | Minor and consequential amendments: ballot procedure: prescribed form of return | For the purpose of making regulations under section 52(3) of the 2003 Act |
Signed
MARCO BIAGI — Authorised to sign by the Scottish Ministers — 27th October 2015
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force certain provisions of the Community Empowerment (Scotland) Act 2015 (“the Act”).
It commences from 13th November 2015 the provisions of the Act set out in the table in the Schedule, for limited purposes where specified. The relevant provisions contain Ministerial powers to make subordinate legislation and issue guidance.
The Bill for the Act received Royal Assent on 24th July 2015. Sections 141, 142, 143, 145 and 146 came into force the following day.
Footnotes
[^f00001]: 2015 asp 6.
[^f00002]: 2003 asp 2.
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