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Community Empowerment (Scotland) Act 2015

Type Act of the Scottish Parliament

Publication 2015-07-24

Last updated 2021-02-24

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

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(p) the number of persons entered in the list maintained under section 111(1) during the reporting year whose request under subsection (1) of section 109 included information under subsection (4) of that section,

(q) the income received, and expenditure incurred, by the authority in connection with allotment sites, and

(r) such other information as may be prescribed.

(3) The authority must publish the annual allotments report on a website or by other electronic means.

(4) In this section, “reporting year” means—

(a) the period of a year beginning with any day occurring during the period of a year after the day on which this section comes into force, and

(b) each subsequent period of a year.

Power to remove unauthorised buildings from allotment sites

122

(1) This section applies where—

(a) a building or other structure that is not permitted by, or does not comply with, a provision of regulations made under section 115(1) is erected on an allotment site, and

(b) at the time the building or other structure was erected or, as the case may be modified, regulations made under section 115(1) prohibited such erection or modification.

(2) The local authority within whose area the allotment site is situated may—

(a) remove the building or other structure from the allotment site,

(b) dispose of the materials that formed the building or other structure as it thinks fit, and

(c) recover the cost of the removal, and the disposal of the materials, of the building or other structure from a liable tenant.

(3) “Liable tenant” means, where the building or other structure was erected by or on behalf of a tenant—

(a) on the tenant's allotment, that tenant, or

(b) on other land as mentioned in paragraph (b) of the definition of “allotment site” in section 108, and the building or other structure on that other land was erected—

(i) without the consent of the tenants of other allotments on the allotment site of which that other land forms part, that tenant, or

(ii) with the consent of any tenants of such other allotments, that tenant and any other tenant who consented.

(4) A liable tenant mentioned in subsection (3)(b)(ii) is jointly and severally liable with other liable tenants mentioned in that subsection.

(5) Where a local authority proposes to take any action in exercise of a power conferred by subsection (2), it must—

(a) no later than one month before taking such action, give notice in writing of the authority's proposed action to each tenant who would be affected by such action,

(b) allow each such tenant the opportunity to make representations to the authority in relation to the proposed action,

(d) give notice in writing to each tenant mentioned in paragraph (a) to inform them of the authority's decision in relation to the proposed action and, if applicable, the date on which the proposed action is to take place.

(6) If the authority decides to take the proposed action, any tenant who was notified under subsection (5)(a) may appeal to the sheriff against the decision of the authority before the expiry of the period of 21 days beginning with the day on which the notice mentioned in subsection (5)(d) is given.

(7) The Scottish Ministers may by regulations make further provision for or in connection with the procedure to be followed in relation to the exercise of the powers conferred by subsection (2).

(8) In the case where an allotment site is leased by a local authority, the authority may not exercise a power conferred by subsection (2) if such exercise would contravene a provision of the lease.

Delegation of management of allotment sites

123

(1) This section applies where—

(a) a local authority owns or leases an allotment site, and

(b) one or more allotments on the allotment site are leased to tenants.

(2) A person who represents the interests of all or a majority of the tenants may make a request to the local authority that the authority delegate to the person any of the authority's functions mentioned in subsection (3) in relation to the allotment site.

(3) The functions are—

(a) the functions under—

(i) section 109(7) (request to lease allotment),

(ii) section 111(1) (duty to maintain list),

(iii) section 116(9) and (10) (display and copies of allotment site regulations),

(iv) section 124 (promotion and use of allotments: expenditure),

(b) the giving of notice under—

(i) section 126(1) (notice of termination of lease of allotment or allotment site),

(ii) section 127(2)(b) (notice of resumption),

(iii) section 128(2) (notice of termination: sublease by local authority).

(4) A request under subsection (2) must—

(a) be made in writing, and

(b) include—

(i) the name and address of the person making the request, and

(ii) such other information as may be prescribed.

(5) The authority may, within 14 days of receiving the request, ask—

(a) the person making the request for such further information as it considers necessary in connection with the request, and

(b) that the information be supplied within 14 days of the authority's request.

(6) The authority must give notice to the person making the request of its decision to agree to or refuse the request—

(a) where further information is requested by the authority under subsection (5), before the expiry of 56 days beginning with the date on which the request is received by the authority, or

(b) in any other case, before the expiry of 28 days beginning with the date on which the request is received by the authority.

(7) If the decision is to refuse the request, the notice referred to in subsection (6) must include reasons for the authority's decision.

(8) If the decision is to agree to the request, the authority must decide—

(a) which of its functions that are mentioned in subsection (3) are to be delegated to the person making the request, and

(b) the timing of any review of the delegation of those functions by the authority.

(9) Before making a decision under subsection (8), the authority must consult the person who made the request.

(10) The authority may recall the delegation of any of its functions delegated under this section if—

(a) it considers that the person to whom the functions are delegated is not satisfactorily carrying out a function, or

(b) there is a material disagreement between the authority and the person to whom the functions are delegated about the carrying out of the functions.

(11) In the case where an allotment site is leased by a local authority, the authority must not delegate any functions under this section to the person making the request where the delegation would contravene a provision of the lease.

Promotion and use of allotments: expenditure

124

(1) A local authority may incur expenditure for the purpose of—

(a) the promotion of allotments in its area, and

(b) the provision of training by or on behalf of the authority to tenants, or potential tenants, of allotments about the use of allotments.

(2) In deciding whether to exercise the power conferred by subsection (1), a local authority must have regard to the desirability of promoting allotments, or providing training, as mentioned in that subsection in relation to communities which experience socio-economic disadvantage.

Use of local authority and other premises for meetings

125

(1) In relation to an allotment site, the persons mentioned in subsection (2) may make a request to the local authority in whose area the site is situated to use free of charge the premises mentioned in subsection (3) for the purpose of holding a meeting of the tenants of allotments on the site about the site.

(2) The persons are—

(a) a tenant of the allotment site,

(b) a person referred to in section 123(2).

(3) The premises are—

(a) premises in a public school or grant-aided school within the area of the local authority,

(b) other premises within the area of the local authority which are—

(i) maintained by the authority,

(ii) maintained by a person other than the authority and used for or in connection with the delivery of services the provision of which is delegated by the authority to that person, or

(iii) maintained, and whose use is managed, by a person other than the authority in accordance with arrangements between the authority and that person.

(4) The request must—

(a) be made in writing,

(b) include the name and address of the person making the request,

(d) be made at least one month before the date on which the meeting is proposed to take place.

(5) The local authority must, before the end of the period of 14 days beginning with the day on which it receives the request, write to the person who made the request to—

(a) grant the request,

(b) offer the person an alternative date, time or location for the proposed meeting, or

(6) In this section, “public school” and “grant-aided school” have the meanings given by section 135(1) of the Education (Scotland) Act 1980.

Termination of lease

Termination of lease of allotment or allotment site

126

(1) Despite any provision to the contrary in the lease of an allotment or an allotment site, a local authority may terminate the lease of the whole or part of the allotment or allotment site on a specified date; but may do so only if the authority has given the tenant of the allotment or the allotment site notice of the termination in accordance with subsection (2).

(2) Notice is given in accordance with this subsection if—

(a) it is in writing, and

(b) it is given—

(i) if subsection (3) applies, at least one month before the specified date,

(ii) if subsection (4) applies, at least one year before the specified date.

(3) This subsection applies if, following the expiry of the period of 3 months beginning with the date on which the lease commenced, the tenant has failed to a material extent to comply with any provision of the regulations made under section 115(1).

(4) This subsection applies if the Scottish Ministers have consented to—

(a) the disposal of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 117,

(b) the change of use of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 117 or 118,

(c) the renunciation by the local authority of its lease of the allotment site subject to the lease or, as the case may be, the allotment site on which the allotment is situated under section 118.

(5) Before sending any notice under subsection (1), a local authority must—

(a) no later than one month before giving any notice under that subsection, write to the tenant to inform the tenant that the authority is proposing to give notice of termination under that subsection and give reasons for the authority's proposal,

(b) allow the tenant the opportunity to make representations to the authority in relation to the authority's proposal,

(d) either—

(i) write to the tenant to inform the tenant that the authority no longer proposes to give notice under subsection (1) for the reasons referred to in paragraph (a), or

(ii) give notice under subsection (1) for those reasons.

(6) A tenant who is aggrieved by a notice given under subsection (1) may appeal to the sheriff within 21 days of the date of the notice.

(7) If subsection (4) applies, an appeal under subsection (6) may be made on a point of law only.

(8) A notice under subsection (1) has no effect until—

(a) the period within which an appeal may be made under subsection (6) has elapsed without an appeal being made, or

(b) where such an appeal is made, the appeal is withdrawn or finally determined.

(9) The decision of the sheriff on appeal under this section is final.

(10) The Scottish Ministers may by regulations make further provision as to the procedure to be applied in connection with the exercise of the power conferred by subsection (1).

(11) Where, under subsection (2) of section 128, a local authority sends a copy of the notice mentioned in that subsection to a person, the authority need not also send a notice under subsection (1) of this section.

(12) In this section, “specified” means specified in the notice under subsection (1).

Resumption of allotment or allotment site by local authority

127

(1) This section applies where a person leases an allotment or an allotment site from a local authority.

(2) Despite any provision to the contrary in the lease, the authority may resume possession of the whole or part of the allotment or the allotment site; but may do so only if—

(a) the resumption is required for building, mining or any other industrial purpose or for the construction, maintenance or repair of any roads or sewers necessary in connection with any such purpose,

(b) the authority has given the tenant notice of the resumption in accordance with subsection (3), and

(3) Notice is given in accordance with this subsection if—

(a) it is in writing,

(b) it is given at least three months before the date on which the resumption is to take place, and

(4) The Scottish Ministers may make the granting of consent mentioned in subsection (2)(c) subject to such conditions as they think fit.

(5) The Scottish Ministers may not grant consent unless they are satisfied that—

(a) the tenant of the whole or part of the allotment, or (as the case may be) the tenant of each allotment on the whole or part of the allotment site, is to be offered a lease of another allotment which is—

(i) of an area the same as or similar to that of the tenant's allotment, and

(ii) in the area of the local authority within a reasonable distance of the allotment site or the allotment site on which the allotment is situated, or

(b) the provision of another allotment for the tenant is unnecessary or not reasonably practicable.

Notice of termination: sublease

Notice of termination: sublease by local authority

128

(1) Subsection (2) applies where—

(a) an allotment site is leased to a local authority,

(b) the authority has granted a sublease of—

(i) the allotment site, or

(ii) an allotment on the allotment site,

(d) the sublease is of land that is the same as, or forms part of, the land to which the notice relates.

(2) The authority must—

(a) send a copy of the notice to the subtenant of the sublease, and

(b) notify the subtenant of the sublease—

(i) of the date on which the lease of the whole or part of the allotment site is terminated, and

(ii) that the subtenant's sublease is terminated on that date.

Notice of termination: sublease by allotment association etc.

129

(1) Subsection (2) applies where—

(a) the local authority gives notice under section 126(1) or 127(2), or sends a copy of a notice under section 128(2)(a), to the tenant of the whole or part of an allotment site,

(b) the tenant subleases allotments on the whole or part of the allotment site to one or more subtenants, and

(2) The tenant must—

(a) send a copy of the notice to each subtenant, and

(b) notify each subtenant—

(i) of the date on which the lease of the whole or part of the allotment site is terminated, and

(ii) that the subtenant's sublease is terminated on that date.

Prohibition against assignation or subletting

130

(1) The tenant of an allotment must not assign the lease of the whole or part of the allotment without the consent of the local authority which granted the lease of the allotment or, as the case may be, of the allotment site on which the allotment is situated.

(2) The tenant of an allotment must not sublet the whole or part of an allotment to any person.

(3) A purported assignation of the lease of the whole or part of an allotment contrary to subsection (1) is of no effect.

(4) A purported sublease of the whole or part of an allotment contrary to subsection (2) is of no effect.

Tenants' rights

Sale of surplus produce

131

Subject to any regulations under section 115(1), a tenant of an allotment may sell (other than with a view to making a profit) produce grown by the tenant on the allotment.

Removal of items from allotment by tenant

132

(1) A tenant of an allotment may remove from the allotment any of the items mentioned in subsection (2) before the expiry or termination of the tenant's lease.

(2) The items are—

(a) any buildings (or other structures) erected by or on behalf of the tenant,

(b) any buildings (or other structures) acquired by the tenant,

(i) planted by or on behalf of the tenant, or

(ii) acquired by the tenant.

Compensation

Compensation for disturbance

133

(1) Subsection (2) applies where—

(a) the lease of the whole or part of an allotment is terminated—

(i) by notice under section 126(2)(b)(ii),

(ii) as a result of a notice of termination of the lease of the allotment site on which the allotment is situated under section 126(2)(b)(ii),

(iii) as a result of a notice of resumption of the allotment, or the allotment site on which the allotment is situated, under section 127(2), or

(iv) as a result of a notice mentioned in section 128(1)(c), and

(b) the tenant of the allotment suffers damage caused by disturbance of the enjoyment of the tenant's allotment as a result of the termination of the lease.

(2) The local authority giving or, as the case may be, receiving a notice mentioned in paragraph (a) of subsection (1) is liable to compensate a person referred to in paragraph (b) of that subsection.

(3) The minimum amount of compensation payable under subsection (2) is—

(a) where the termination of the lease relates to the whole of an allotment, an amount equal to one year's rent of the allotment payable immediately before the termination of the lease,

(b) where the termination of the lease relates to part of an allotment, a proportion of the amount mentioned in paragraph (a) that is in the same proportion that the part of the allotment bears to the whole of the allotment.

(4) The Scottish Ministers must by regulations make further provision for or in connection with compensation payable under subsection (2).

(5) Regulations under subsection (4) must include, in particular, provision about the procedure to be followed in—

(a) determining whether the local authority is liable to pay compensation under subsection (2), and

(b) subject to subsection (3), assessing the amount of compensation for which the local authority is liable in cases where the lease does not make such provision.

(6) Before making regulations under subsection (4), the Scottish Ministers must consult—

(a) local authorities, and

(b) any other person appearing to the Scottish Ministers to have an interest.

(7) A person referred to in subsection (1)(b) who is aggrieved about any decision by the local authority in connection with the duty imposed by subsection (2) may appeal to the sheriff within 21 days of receiving notice of the authority's decision.

Compensation for deterioration of allotment

134

(1) This section applies where—

(a) the lease of a person (“the tenant”) of an allotment has expired or been terminated, and

(b) it appears to the local authority which granted the lease of the allotment or, as the case may be, of the allotment site on which the allotment is situated that—

(i) the allotment deteriorated during the tenant's lease of the allotment, and

(ii) the deterioration was caused by the fault or negligence of the tenant.

(2) The tenant is liable to pay compensation for the deterioration to the tenant's landlord.

(3) The amount of compensation payable is the cost of remedying the deterioration.

(4) The Scottish Ministers must by regulations make further provision for or in connection with compensation payable under subsection (2).

(5) Regulations under subsection (4) must include, in particular, provision about the procedure to be followed—

(a) in determining whether the tenant is liable to pay compensation under subsection (2), and

(b) in accordance with subsection (3), in assessing the amount of compensation for which the tenant is liable in cases where the lease does not make such provision.

(6) Before making regulations under subsection (4), the Scottish Ministers must consult—

(a) local authorities, and

(b) any other person appearing to the Scottish Ministers to have an interest.

(7) A tenant who is aggrieved about any decision by the local authority in connection with the duty imposed by subsection (2) may appeal to the sheriff within 21 days of receiving notice of the authority's decision.

Compensation for loss of crops

135

(1) This section applies where—

(a) the whole or part of an allotment is resumed under section 127(2), and

(b) the tenant of the allotment suffers loss of any crop as a result of the resumption.

(2) The local authority that resumed the allotment under section 127(2) is liable to compensate the tenant.

(3) The Scottish Ministers must by regulations make further provision for or in connection with compensation payable under subsection (2).

(4) Regulations under subsection (3) must include, in particular, provision about the procedure to be followed in—

(a) determining whether the local authority is liable to pay compensation under subsection (2), and

(b) assessing the amount of compensation for which the local authority is liable in cases where the lease does not make such provision.

(5) Before making regulations under subsection (3), the Scottish Ministers must consult—

(a) local authorities, and

(b) any other person appearing to the Scottish Ministers to have an interest.

(6) A tenant who is aggrieved about any decision by the local authority in connection with the duty imposed by subsection (2) may appeal to the sheriff within 21 days of receiving notice of the authority's decision.

Set-off of compensation etc.

136

(1) Where a local authority is liable to pay compensation to a former tenant under section 133(2) or 135(2), the local authority may deduct from the compensation any sum that the former tenant is liable to pay to the local authority in connection with the lease that was terminated.

(2) Where a tenant is liable to pay any sum to a local authority in connection with a lease of an allotment, the tenant may deduct from the sum any compensation that the local authority is liable to pay to the tenant under section 133(2) or 135(2).

Guidance

137

(1) A local authority must have regard to any guidance issued by the Scottish Ministers about the carrying out of functions conferred on the authority by this Part.

(2) Before issuing such guidance, the Scottish Ministers must consult—

(a) local authorities, and

(b) any other person appearing to the Scottish Ministers to have an interest.

Interpretation of Part 9

138

In this Part—

“allotment” has the meaning given by section 107,

“allotment site” has the meaning given by section 108,

“disabled person” means a person who is a disabled person for the purposes of the Equality Act 2010,

“food-growing strategy” has the meaning given by section 119(3),

“lease” and “leased” include “sublease” and “subleased”,

“prescribed” means prescribed by the Scottish Ministers by regulations,

“tenant” includes “subtenant”.

PART 10 — PARTICIPATION IN PUBLIC DECISION-MAKING

Participation in decisions of certain persons exercising public functions

139

(1) The Scottish Ministers may by regulations make provision for or in connection with the purpose mentioned in subsection (2).

(2) The purpose is promoting or facilitating participation in relation to decisions of such persons as may be specified (in this section, “relevant persons”) relating to activities carried out, or proposed to be carried out, by or on behalf of those persons.

(3) Regulations under subsection (1) may enable relevant persons to determine—

(a) the persons whose participation in relation to such decisions is to be promoted or facilitated, and

(b) which of those decisions persons so determined may participate in relation to.

(4) Regulations under subsection (1) may provide that activities as mentioned in subsection (2) include the allocation of—

(a) financial resources, and

(b) such other resources as may be specified.

(5) Regulations under subsection (1) may, in particular, include provision—

(a) (without prejudice to subsection (3)), conferring functions on relevant persons,

(b) specifying activities as mentioned in subsection (2) in relation to which the regulations apply, or do not apply,

(d) specifying criteria for determining such activities in relation to which the regulations apply, or do not apply,

(e) requiring relevant persons to prepare and publish a report, at such intervals as may be specified, describing the steps taken by the persons in connection with the carrying out of functions conferred on them by the regulations.

(6) Relevant persons must have regard to any guidance issued by the Scottish Ministers relating to functions conferred on them by regulations under subsection (1).

(7) Regulations under subsection (1) may specify a person in relation to whose decisions participation is to be promoted or facilitated only if the person is—

(a) a part of the Scottish Administration, or

(b) a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).

(8) In this section, “specified” means specified in regulations made under subsection (1).

PART 11 — NON-DOMESTIC RATES

Schemes for reduction and remission of non-domestic rates

140

(1) After section 3 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, insert—

(3A) (1) This section applies in relation to rates leviable for the year 2015-16 and any subsequent year. (2) A rating authority may, in accordance with a scheme made by it for the purposes of this section, reduce or remit any rate leviable by it in respect of lands and heritages. (3) Any reduction or remission under subsection (2) ceases to have effect at such time as may be determined by the rating authority. (4) A scheme under subsection (2) may make provision for the rate to be reduced or remitted by reference to— (a) such categories of lands and heritages as may be specified in the scheme, (b) such areas as may be so specified, (c) such activities as may be so specified, (d) such other matters as may be so specified. (5) Any reduction or remission under subsection (2) ceases to have effect on a change in the occupation of the lands and heritages in respect of which it was granted. (6) Before exercising the power conferred by subsection (2), or amending a scheme made under that subsection, the rating authority must have regard to the authority's expenditure and income and the interests of persons liable to pay council tax set by the authority.

(2) In Schedule 12 to the Local Government Finance Act 1992 (payments to local authorities by the Scottish Ministers), in paragraph 10(3)(a)—

(a) in sub-paragraph (iii), after “Provisions” insert “ etc. ”, and

(b) after that sub-paragraph insert—

(iiia) section 3A (schemes for reduction and remission of rates) of that Act;

(3) In paragraph 2 of Schedule 1 (rules for the calculation of non-domestic rating contributions) to the Non-Domestic Rating Contributions (Scotland) Regulations 1996 (S.I. 1996/3070), in sub-paragraph (c), after “section” insert “ 3A or ”.

(4) Paragraph 10(4) of Schedule 12 to the Local Government Finance Act 1992 does not apply in relation to the amendment made by subsection (3).

PART 12 — GENERAL

Guidance under Parts 2, 3, 5, 8, 9 and 10: publication

141

The Scottish Ministers must publish, in such manner as they think fit, any guidance issued by them relating to Part 2, Part 3, Part 5, Part 8, Part 9 or Part 10.

Subordinate legislation

142

(1) Any power of the Scottish Ministers to make an order or regulations under this Act includes a power to make—

(a) different provision for different purposes,

(b) incidental, supplementary, consequential, transitional or transitory provision or savings.

(2) An order under—

(a) section 21(2) or (3), 78(2) or (3), 85(2)(c) or 112(5) or (6), or

(b) section 143(1) containing provisions which add to, replace or omit any part of the text of an Act,

is subject to the affirmative procedure.

(3) Regulations under section 4(7), 13(3), 17(1), 99(1) or 139 are subject to the affirmative procedure.

(4) Any other orders and regulations under this Act are subject to the negative procedure.

(5) This section does not apply to—

(a) regulations under section 115(1), or

(b) orders under section 145(2).

Ancillary provision

143

(1) The Scottish Ministers may by order make such incidental, supplementary, consequential, transitional or transitory provision or savings as they consider necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) An order under this section may modify any enactment (including this Act), instrument or document.

Minor and consequential amendments and repeals

144

(1) Schedule 4 contains minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments mentioned in the first column of schedule 5 (which include enactments that are spent) are repealed to the extent set out in the second column.

Commencement

145

(1) This section, sections 141 to 143 and section 146 come into force on the day after Royal Assent.

(2) The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

(3) An order under subsection (2) may include transitional or transitory provision or savings.

Short title

146

The short title of this Act is the Community Empowerment (Scotland) Act 2015.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

Small Landholders (Scotland) Act 1911

1

In section 26 of the Small Landholders (Scotland) Act 1911 (supplementary provisions and restrictions), in subsection (3)(e), for “the Allotments (Scotland) Act, 1892, or the Local Government (Scotland) Act, 1894”, substitute “ Part 9 of the Community Empowerment (Scotland) Act 2015 ”.

Compensation (Defence) Act 1939

2

In section 18 of the Compensation (Defence) Act 1939 (application to Scotland and Northern Ireland), in subsection (1), for “the Allotments Act, 1922 shall be construed as a reference to the Allotments (Scotland) Act, 1922”, substitute “ allotment gardens within the meaning of the Allotments Act, 1922 is omitted ”.

Agriculture (Scotland) Act 1948

3

(1) Section 86 of the Agriculture (Scotland) Act 1948 is amended as follows.

(2) In the proviso to subsection (1), in paragraph (a), for “allotment gardens”, substitute “ allotments ”.

(3) In subsection (3), for the definition of “allotment garden”, substitute—

“allotment” has the meaning given by section 107 of the Community Empowerment (Scotland) Act 2015;

Opencast Coal Act 1958

4

(1) The Opencast Coal Act 1958 is amended as follows.

(2) In section 41 (provisions as to allotment gardens and other allotments), in subsection (3), for the words from “the”, where it third occurs, to the end, substitute “ section 107 of the Community Empowerment (Scotland) Act 2015 ”.

(3) In the Eighth Schedule (tenancies of allotment gardens and other allotments), in paragraph 10—

(a) for sub-paragraph (a), substitute—

(a) paragraph 1 applies as if sub-paragraph (2) were omitted;

(b) for sub-paragraph (b), substitute—

(b) sub-paragraph (1) of paragraph 3 applies as if for “the Act of 1908 or the Act of 1922 or the Allotments Act, 1950, or by virtue of any other enactment relating to allotments” there were substituted “ Part 9 of the Community Empowerment (Scotland) Act 2015 ”;

(c) sub-paragraph (2) of paragraph 3 applies as if— (i) for “any of the enactments mentioned in the next following sub-paragraph” there were substituted “ Part 9 of the Community Empowerment (Scotland) Act 2015 (but excluding any compensation for disturbance) ”, (ii) “garden” were omitted, and (iii) for “subsection (2) of section two of the Act of 1922” there were substituted “section 127(2) of the Community Empowerment (Scotland) Act 2015;

(d) in sub-paragraph (e), for the words from “for” to the end, substitute “ any reference to the Allotments Act, 1950 is to be read as a reference to Part 9 of the Community Empowerment (Scotland) Act 2015 ”, and

(e) for sub-paragraph (f), substitute—

(f) sub-paragraph (1) of paragraph 5 applies as if for “section four or section five of the Act of 1922, or of subsection (4) of section forty-seven of the Act of 1908” there were substituted “ section 132 of the Community Empowerment (Scotland) Act 2015 ”;

Local Government (Scotland) Act 1973

5

In the Local Government (Scotland) Act 1973—

(a) in section 73 (appropriation of land)—

(i) in subsection (2), the word “not” is repealed,

(ii) in that subsection, for “except with the consent of the Secretary of State”, substitute “ subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015 ”, and

(iii) in subsection (3), after “allotments”, insert “ (within the meaning of section 107 of that Act) ”,

(b) in section 99 (general duties of auditors), in subsection (1)(c), for “sections 15 to 17 (community planning) of the Local Government in Scotland Act 2003 (asp 1)”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) ”, and

(i) the words “and Part 2 (community planning)” are repealed, and

(ii) at the end, insert “ and Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) ”.

Local Government Act 1992

6

In section 1 of the Local Government Act 1992 (publication of information as to standards of performance), in subsection (1)(b), for the words “Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1)”, substitute “ Part 2 (community planning) of the Community Empowerment (Scotland) Act 2015 ”.

Local Government in Scotland Act 2003

7

In section 57 of the Local Government in Scotland Act 2003 (power to modify enactments), in subsection (2)(a), for “, 13(1) or 15(1)”, substitute “ or 13(1) ”.

Land Reform (Scotland) Act 2003

8

(1) The Land Reform (Scotland) Act 2003 is amended as follows.

(2) In section 37 (registration of interest in land)—

(a) in subsection (4)(a), after “sought”, insert “ to be registered ”,

(b) after subsection (7)(b), insert

and (c) any notice sent under section 44A,

(c) in subsection (11)(c), for the words “not registrable land”, substitute “ excluded land as defined in section 33(2) above ”,

(d) in subsection (18), after paragraph (a), insert—

(aa) where the decision is that such an interest is to be entered in the Register, contain information about the duties imposed under section 44A,

, and

(e) in subsection (19), after “above”, insert “ , including that subsection as modified by section 39(2)(b) below, ”.

(3) In section 51 (exercise of right to buy: approval of community and consent of Ministers)—

(a) in subsection (2)(a)(i), the words “conducted by the community body” are repealed, and

(b) in subsection (6)—

(i) in paragraph (a), after “receipt”, insert “ by Ministers ”,

(ii) in that paragraph, the words “conducted by the body” are repealed, and

(iii) in paragraph (b), the words “conducted by those bodies” are repealed.

(4) In section 52 (ballot procedure)—

(a) in subsection (3)—

(i) for the words “community body which conducts a ballot”, substitute “ ballotter appointed under section 51A ”,

(ii) after “notify”, insert “ Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of ”,

(iii) the word “and” immediately following paragraph (c) is repealed,

(iv) after paragraph (d), insert—

(e) the wording of that proposition, and (f) any information provided by the ballotter to persons eligible to vote in the ballot.

, and

(v) the words “to Ministers” are repealed, and

(b) after subsection (4), insert—

(5) Within 7 days of receiving notification under subsection (3) above, Ministers may— (a) require the ballotter to provide such information relating to the ballot as they think fit, (b) require the community body to provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit. (6) The validity of anything done under this Part of this Act is not affected by any failure by a ballotter to comply with the time limit specified in subsection (4).

(5) In section 68 (land which may be bought: eligible croft land), in subsection (5), for “the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (c.26)”, substitute “ section 69(1) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 ”.

(6) In section 98 (general and supplementary provisions)—

(a) in subsection (5)—

(i) after “33,”, insert “ 35(4), ”,

(ii) for “78 or 94”, substitute “ 72(4), 78, 94 or 97E(4) ”, and

(iii) after “above”, insert “ or regulations made under section 34(A1)(b), (4A) or (4B), 38(2B), 71(A1)(b), (4A) or (4B), 97C(4), (5) or (6), 97D(1)(b), (7) or (8), 97F(9), 97H(6) or 97N(1) or (3) above ”,

(b) after subsection (5), insert—

(5A) In making a decision under section 38(1), 44(3), 51(1)(b), 73(2) or 97G(2), Ministers are to have regard to the International Covenant on Economic, Social and Cultural Rights adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 subject to— (a) any amendments in force in relation to the United Kingdom for the time being, and (b) any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.

, and

Fire (Scotland) Act 2005

9

In the Fire (Scotland) Act 2005—

(a) in section 41E (local fire and rescue plans), in subsection (6), for “Local Government in Scotland Act 2003 (asp 1)”, substitute “ Community Empowerment (Scotland) Act 2015 ”, and

(b) in section 41J (Local Senior Officers), in subsection (2)(c), for “section 16(1)(d) of the Local Government in Scotland 2003 (asp 1) (duty to participate in community planning)”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) ”.

Schools (Consultation) (Scotland) Act 2010

10

In the Schools (Consultation) (Scotland) Act 2010, in schedule 2 (relevant consultees)—

(a) for sub-paragraph (h) of each of paragraphs 1, 2, 3, 4 and 5, substitute—

(h) the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for the area of the local authority in which any affected school is situated, (ha) any other community planning partnership that the education authority considers relevant,

, and

(b) for sub-paragraph (h) of paragraph 10, substitute—

(h) the community planning partnership (within the meaning of section 4(5) of the Community Empowerment (Scotland) Act 2015) for the area of the local authority in which the further education centre is situated,

Public Services Reform (Scotland) Act 2010

11

In section 115 of the Public Services Reform (Scotland) Act 2010 (joint inspections), in subsection (12), for the words from “means” to the end of the subsection, substitute “ is to be construed in accordance with section 7 of the Children and Young People (Scotland) Act 2014. ”.

Police and Fire Reform (Scotland) Act 2012

12

In the Police and Fire Reform (Scotland) Act 2012—

(a) in section 46 (duty to participate in community planning), in subsection (2), for “section 16(1)(e) of the Local Government in Scotland Act 2003”, substitute “ Part 2 of the Community Empowerment (Scotland) Act 2015 ”, and

(b) in section 47 (local police plans), in subsection (11), for “Local Government in Scotland Act 2003 (asp 1)”, substitute “ Community Empowerment (Scotland) Act 2015 ”.

SCHEDULE 5

Review of national outcomes

Socio-economic inequalities

Meaning of “community participation body”

Nature of land in which community interest may be registered

Community bodies

Modification of memorandum, articles, constitution or registered rules

Register of Community Interests in Land

Public notice of certain applications

Criteria for registration of interest in land

Procedure for late applications

Notification of transfer

Approval of members of community to buy land

Exercise of right to buy: date of entry and payment of price

Valuation: views on representations and time limit

Creditors in standard security with right to sell land: appeals

Appeals to Lands Tribunal as respects valuations of land

Duty to provide information about community right to buy

Modification of memorandum, articles, constitution or registered rules

Application: information about rights and interest in land

Ballot: information and expenses

Valuation: views on representations and time limit

Land Court: reasons for decision under section 92

Register of Crofting Community Rights to Buy

Abandoned, neglected and detrimental land

Meaning of “relevant authority”

Meaning of “community body” in Forestry Act 1967

Supporter involvement in decision-making

Guidance about common good registers

Meaning of “allotment site”

Participation in decisions of certain persons exercising public functions

Schemes for reduction and remission of non-domestic rates

Subordinate legislation

Small Landholders (Scotland) Act 1911

Compensation (Defence) Act 1939

Agriculture (Scotland) Act 1948

Opencast Coal Act 1958

Local Government (Scotland) Act 1973

Local Government Act 1992

Local Government in Scotland Act 2003

Land Reform (Scotland) Act 2003

Fire (Scotland) Act 2005

Schools (Consultation) (Scotland) Act 2010

Public Services Reform (Scotland) Act 2010

Police and Fire Reform (Scotland) Act 2012

Editorial notes

[^key-ff363bc487e6d7b9cd4e364d63f8f159]: S. 140 in force at 31.10.2015 by S.S.I. 2015/344, art. 2

[^key-037c87f52f58ff8562b0cf189c2c7777]: S. 9(2)(5)(6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-80f7a9c870f89a07ec25a369813e07ce]: S. 15 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-a4262fceaae9825d8e1f7e45c3c2cd46]: S. 18 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-2f40e1fe4d6271382d07b2455f8b4c92]: S. 20(2)(3) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, sch.

[^key-8b6e0fb273fd7cbc3a6edb69489a3c13]: S. 21(2)-(4)(8)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, sch.

[^key-96bca2ecfcebdef758cf8d80308f6420]: S. 23 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-1d3d5744b1c9ca4c1591c9344629a1fd]: S. 24(7)(a)(8) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, sch.

[^key-9d80860d98e85f19779df12fc434503d]: S. 26(6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, sch.

[^key-e4a03862e07855dd9c9f484b907fcac1]: S. 29(3) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-a01471e81831fdf2b4191b664f7ce2af]: S. 31(6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-15af9494a560620b17e5d6995dc2e1fc]: S. 34 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-1746628190a27e809d069a8f37d7cb43]: S. 35 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-dc1bee0b1ba9d322cabdbcc36e9824de]: S. 37(1)(4)(7)(8) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-5a8342d86b67fd26f0df3c7008fb7e61]: S. 40 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-b2a46ed8b5bfb72c347dce52653520f6]: S. 42(1)(2)(4)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-9ffee50e1a9f7ecdd72376c87a410315]: S. 44 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-35953abc114d46680506d9ede4ff98ab]: S. 49 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-06a12693d15fbbcca1e089251edc49d8]: S. 50 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-93849c4bae1928b627f9abd6b5b97db0]: S. 52 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-7d5aa6e8a3180851378d800814f9f9c1]: S. 76 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-a4e6f79df00cea6fcbad0504f4c6e0b9]: S. 77(2)(3) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-19d51ad6a8a36afe36d696c43707189f]: S. 78(2)(3)(4) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-8470c3ca7df654aa1d221714acb80a30]: S. 81 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-fa52412baab3185eae55a68a73510a42]: S. 82(8)(a)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-4147fca6a9a7e420f0241378549dc125]: S. 83(10) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-4737e120baf6986208595e9bcdc7ddde]: S. 85(3)(4)(10) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-2183763dcd438d870727cde681abc057]: S. 86(3)(4)(7)(b)(i)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-84ea4ade5bf8830fa766c90dbb06390a]: S. 87(3)(4)(9) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-77759d078b4055d2a597d25d0ef67fbb]: S. 89(2)-(4) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-686ed5dbf6399e0ad10ae6e02022e3e6]: S. 90(12)-(14) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-d4b0f7a7fcb525a6225e930bce05aa86]: S. 94(4)-(6) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-59737b50b51293043f66177db5c3693a]: S. 96 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-f7c0e3b04a9ea292466ac260e5981f68]: S. 97 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-ad272d82cf4a143aa840e90476b1a81c]: S. 103 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-a4b3ee7e66e462d84580665fa3976e96]: S. 105 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-25971f37c9921b74018576d5fc971c31]: S. 106 in force at 13.11.2015 by S.S.I. 2015/358, art. 2, Sch.

[^key-5431e8cc1bb7b979de326d1a6be9f1ec]: S. 137 in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-5100d4d00cdf2fac528a0d3561f9ff1b]: S. 139(1)-(5) (7) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-77cec01cb6728289e84c5e68f79e0666]: S. 144(1) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-cf4e806130bd2567ce72bb43573e160d]: Sch. 4 para. 8(1)(2)(d)(4)(a) in force at 13.11.2015 for specified purposes by S.S.I. 2015/358, art. 2, Sch.

[^key-22b98a567a3047795d781641affa3f43]: S. 1 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-b4b79a5701df47113dbd1f0eb39aa3b2]: S. 2 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-01746978f21fcd1f8ec0e20e7f942264]: S. 3 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-bd0c1197ba6022c09c60e6e153789b8a]: S. 36 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-16cd54f45f3ff5a08a4bb87ac43a6acb]: S. 37(1)(4)(7)(8) in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-ea83187f219fb59a0c58a87184ab6f8c]: S. 37(2)(3)(5)(6) in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-b204817c9097b645044d0ee36541f996]: S. 38 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-15df473fbecbbd8d0fab540ccd03ca55]: S. 39 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-d482857ae360a20832f0fcba2d372365]: S. 40 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-06991aa21562826210b91f3370675ab9]: S. 41 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-ff78bd627e941742cd1631d50cdea3a3]: S. 42(1)(2)(4)(9) in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-15d27c887c2f22be49b364b248d6a3a7]: S. 42(3) (5)-(8) in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-6f9aa411a5e44241de4a5c039da4d9b4]: S. 43 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-b9224c54ce76ae06d571bdc7fbffd490]: S. 44 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-702fd8401ee641744e0e431372327f7c]: S. 45 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-3197ac009be6b6787743f3fde58e423f]: S. 46 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-74d0bbef472bf49ae40b82d9ba1104cf]: S. 47 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-ef93e40fb428a6d25bcca0ea1233b29a]: S. 48 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-933477a3e7676fcd5fa96b2dcc36f820]: S. 49 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-953265125bc9afcfbd34032b6fd5ea05]: S. 50 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-91329542f45e63657eff578f13a78864]: S. 51 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-bfb6d78e1af8c68e2bb379b080471688]: S. 52 in force at 15.4.2016 in so far as not already in force by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-371737e6d2923801ea338e1a4c42575b]: S. 53 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-a75759800ebd09912bc11856e48cad14]: S. 54 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-9c35bb7187b9af0d4a55942280ad7b5c]: S. 55 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-901aa4d529423fa36558d953e523517e]: S. 56 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-774a2bd3e9e0af0e5156d525f8413c1d]: S. 57 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-7675befc210ee4c9c94ac9eca16e541d]: S. 58 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-474c03e99b9fb86457d33a383a45591f]: S. 59 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

[^key-f48f2c810cd3de0596d5632944637b49]: S. 60 in force at 15.4.2016 by S.S.I. 2015/399, art. 2, Sch. (with art. 3)

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