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

Draft Order laid before the Scottish Parliament under section 98(5) of the Land Reform (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2006 No.

LAND REFORM

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

Made

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(1), 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”(2).

(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(3) is revoked.

Authorised to sign by the Scottish Ministers

Pentland House,

Edinburgh

2006

Article 2

SCHEDULE

NAME	NAME
Aberdeen	Glenrothes
Alloa	Greenock
Arbroath	Hamilton
Ardrossan	Hawick
Ayr	Helensburgh
Bathgate	Inverness
Bo'ness	Inverurie
Bonnybridge	Irvine
Broxburn	Kilmarnock
Buckhaven	Kilwinning
Carluke	Kirkcaldy
Carnoustie	Kirkintilloch
Cowdenbeath	Largs
Cumbernauld	Larkhall
Dalkeith	Linlithgow
Dumbarton	Livingston
Dumfries	Montrose
Dundee	Penicuik
Dunfermline	Perth
East Kilbride	Peterhead
Edinburgh	St Andrews
Elgin	Stirling
Erskine	Stonehaven
Falkirk	Stranraer
Forfar	Troon
Fraserburgh	Westhill (Aberdeenshire)
Galashiels	Whitburn
Glasgow

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: [phone]); and

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

Area Office	Address	Tel. No.
Ayr	Russell House, King Street, Ayr, KA8 0BE	01292 610188
Dumfries	Government Buildings, 161 Brooms Road, Dumfries, DG1 3ES	01387 274400
Elgin	32 Reidhaven Street, Elgin, IV30 1VE	01343 547514
Galashiels	Cotgreen Road, Tweedbank, Galashiels, TD1 3SG	01896 892400
Hamilton	Cadzow Court, 3 Wellhall Road, Hamilton, ML3 9BG	01698 281166
Inverness	28 Longman Road, Inverness, IV1 1SF	01463 234141
Perth	Broxden Business Park, Lamberkine Drive, Perth, PH1 1RZ	01738 602000
Thainstone	Thainstone Court, Inverurie, AB51 5YA	01467 626222

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.

(1)

2003 asp 2.

(2)

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.

(3)

S.S.I. 2004/296.