LegalizeThe Community Empowerment (Scotland) Act 2015 (Commencement No. 3 and Savings) Order 2015
Made: 19th November 2015
Laid before the Scottish Parliament: 23rd November 2015
Coming into force: 15th April 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by section 145(2) and (3) of the Community Empowerment (Scotland) Act 2015[^f00001] and all other powers enabling them to do so[^f00002].
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Community Empowerment (Scotland) Act 2015 (Commencement No. 3 and Savings) Order 2015 and comes into force on 15th April 2016.
- (2) In this Order—
- “the 2003 Act” means the Land Reform (Scotland) Act 2003[^f00003];
- “the Act” means the Community Empowerment (Scotland) Act 2015;
- “application to register a community interest in land” means an application to register a community interest in land under section 37(1) of the 2003 Act;
- “community interest in land” means a community interest in land registered under section 37 of the 2003 Act; and
- “the Register” means the Register of Community Interests in Land kept under section 36 of the 2003 Act.
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 15th April 2016.
- (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 15th April 2016 only for that purpose.
Savings
3
Notwithstanding the commencement of the provisions of the Act specified in column 1 of the table in the Schedule, the modifications of Parts 2 and 4 of the 2003 Act made by those provisions have no effect in relation to—
- (a) an application to register a community interest in land made before 15th April 2016;
- (b) a community interest in land which relates to an application to register a community interest in land made before 15th April 2016;
- (c) any right to buy land arising under Part 2 of the 2003 Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016;
- (d) an application (whether made before, on or after 15th April 2016) under section 57(1) of the 2003 Act in respect of land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
- (e) the exercise of any power of the Lands Tribunal for Scotland to make an order or to do any other act under section 57 of the 2003 Act where such order or act is in relation to a community interest in land that relates to an application to register a community interest in land made before 15th April 2016;
- (f) the carrying out of a valuation in respect of land under section 59 of the 2003 Act (including the appointment of a valuer and the procedure for obtaining, and the expenses of, a valuation) where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
- (g) an appeal (whether made before, on or after 15th April 2016) under section 61 of the 2003 Act against—
- (i) a decision mentioned in subsection (1)(a) or (3)(a) of that section where the appeal is in relation to a decision by Ministers that a community interest in land is to be entered in the Register and that community interest in land relates to an application to register a community interest in land made before 15th April 2016;
- (ii) a decision mentioned in subsection (1)(b) or (3)(b) of that section where the appeal is in relation to a decision by Ministers to give consent to the exercise by a community body of its right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
- (iii) a decision mentioned in subsection (2)(a) of that section where the appeal is in relation to a decision by Ministers that a community interest is not to be entered in the Register and the community interest relates to an application to register a community interest in land made before 15th April 2016; or
- (iv) a decision mentioned in subsection (2)(b) of that section where the appeal is in relation to a decision by Ministers not to give consent to the exercise by a community body of its right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
- (h) an appeal (whether made before, on or after 15th April 2016) under section 62 of the 2003 Act against a valuation carried out under section 59 of the 2003 Act where the valuation is in relation to a community interest in land that relates to an application to register a community interest in land made before 15th April 2016;
- (i) an appeal (whether made before, on or after 15th April 2016) under section 64 of the 2003 Act against a decision of Ministers on compensation under section 63(1)(a) of the 2003 Act in relation to complying with the procedural requirements of Part 2 of the 2003 Act in relation to—
- (i) an application to register a community interest in land made before 15th April 2016;
- (ii) a community interest in land that relates to an application to register a community interest in land made before 15th April 2016; or
- (iii) any right to buy land arising under Part 2 of the 2003 Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016;
- (j) an appeal (whether made before, on or after 15th April 2016) under section 64 of the 2003 Act against a decision of Ministers on compensation under section 63(1)(b) of the 2003 Act in relation to a failure by a community body to comply with an order of the Lands Tribunal for Scotland under section 57 of the 2003 Act concerning a community interest in land that relates to an application to register a community interest in land made before 15th April 2016;
- (k) an appeal (whether made before, on or after 15th April 2016) under section 64 of the 2003 Act against a decision of Ministers on compensation under section 63(1)(c) of the 2003 Act in relation to a prohibition imposed under subsection (5)(e) of section 37 of 2003 Act concerning an application to register a community interest in land made before 15th April 2016; or
- (l) an appeal (whether made before, on or after 15th April 2016) under section 64 of the 2003 Act against a decision of Ministers on compensation under section 63(1)(d) of the 2003 Act in relation to the operation of paragraph (a) or (b) of section 56(3) of the 2003 Act concerning a community interest in land that relates to an application to register a community interest in land made before 15th April 2016.
SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 15TH APRIL 2016
| Column 1 Provisions of the Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| Section 1 | National outcomes | |
| Section 2 | Review of national outcomes | |
| Section 3 | Reports | |
| Section 36 | Nature of land in which community interest may be registered | |
| Section 37 | Community bodies | In so far as not already in force |
| Section 38 | Modification of memorandum, articles, constitution or registered rules | |
| Section 39 | Register of Community Interests in Land | |
| Section 40 | Public notice of certain applications | In so far as not already in force |
| Section 41 | Criteria for registration of interest in land | |
| Section 42 | Procedure for late applications | In so far as not already in force |
| Section 43 | Evidence and notification of concluded missives or option agreements | |
| Section 44 | Notification of transfer | In so far as not already in force |
| Section 45 | Notice of expiry of registration | |
| Section 46 | Changes to information relating to registered interests | |
| Section 47 | Notification under section 50 of the 2003 Act | |
| Section 48 | Approval of members of community to buy land | |
| Section 49 | Appointment of person to conduct ballot on proposal to buy land | In so far as not already in force |
| Section 50 | Consent under section 51 of the 2003 Act: prescribed information | In so far as not already in force |
| Section 51 | Representations etc. regarding circumstances affecting ballot result | |
| Section 52 | Ballot not conducted as prescribed | In so far as not already in force |
| Section 53 | Period in which ballot results and valuations are to be notified | |
| Section 54 | Exercise of right to buy: date of entry and payment of price | |
| Section 55 | Notification of application under section 57 of the 2003 Act | |
| Section 56 | Valuation: views on representations and time limit | |
| Section 57 | Expenses of valuation of land | |
| Section 58 | Creditors in standard security with right to sell land: appeals | |
| Section 59 | Appeals to Lands Tribunal for Scotland as respects valuations of land | |
| Section 60 | Calculation of time periods in Part 2 of the 2003 Act | |
| Section 61 | Duty to provide information about community right to buy | |
| Section 75 | Part 2 of the 2003 Act: mediation | For the purposes of inserting section 97Z1 (mediation) into the 2003 Act so far as relating to Part 2 of the 2003 Act |
| Section 144(1) and schedule 4 so far as they relate to paragraph 8 of schedule 4 | Minor and consequential amendments to the 2003 Act | In so far as not already in force |
| Section 144(2) and schedule 5 so far as they relate to the 2003 Act | Repeal of provisions of the 2003 Act |
Signed
AILEEN MCLEOD — Authorised to sign by the Scottish Ministers — 19th November 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”).
Article 2 commences from 15th April 2016 the provisions of the Act set out in the table in the Schedule, for limited purposes where specified. The commencement of sections 1 to 3 of the Act brings into force Part 1 of the Act on national outcomes. The remaining provisions which are brought into force constitute amendments to Part 2 and Part 4 of the Land Reform (Scotland) Act 2003 on the community right to buy land under Part 2 of that Act.
Article 3 provides for savings. The provisions set out in the table in the Schedule have no effect in the circumstances listed in article 3. The circumstances all relate to an application to register a community interest in land made before 15th April 2016.
The Bill for the Act received Royal Assent on 24th July 2015. Sections 141 to 143, 145 and 146 came into force the following day.
Footnotes
[^f00001]: 2015 asp 6.
[^f00002]: Section 8 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) allows the power to be exercised so as to appoint different days for different purposes.
[^f00003]: 2003 asp 2.
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