The Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2008

Scottish Statutory Instruments

2008 No. 391

TITLE CONDITIONS

The Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2008

Made

25th November 2008

Laid before the Scottish Parliament

26th November 2008

Coming into force

1st January 2009

The Scottish Ministers make the following Order in exercise of the power conferred by section 43(5) of the Title Conditions (Scotland) Act 2003(1) and all other powers enabling them to do so.

They are satisfied as to the matters mentioned in section 43(6) of that Act.

Citation and commencement

1.  This Order may be cited as the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2008 and comes into force on 1st January 2009.

Additions to the list of prescribed rural housing bodies

2.  The Schedule to the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004(2) (rural housing bodies prescribed under section 43(5) of the Title Conditions (Scotland) Act 2003) is amended by inserting, in the appropriate places according to alphabetical order, the following bodies:–

• Craignish Community Company Limited;

• The Highland Housing Alliance.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

25th November 2008

Explanatory Note

(This note is not part of the Order)

This Order amends the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004 by adding two new bodies (Craignish Community Company Limited and The Highland Housing Alliance) to the list of prescribed rural housing bodies. Rural housing bodies are bodies in favour of whom it is competent to create a rural housing burden comprising a right of pre-emption under section 43(1) of the Title Conditions (Scotland) Act 2003. Section 43(6) provides that a body may be classified as a rural housing body only if it has as its object or function (or, as the case may be, one of its principal objects or functions) the power to provide housing or land for housing. The two bodies prescribed by this Order comply with this requirement.

(1)

2003 asp 9. Section 43 was amended by the Tenements (Scotland) Act 2004 (asp 11), schedule 4, paragraph 12.

(2)

S.S.I. 2004/477, amended by S.S.I. 2006/108, 2007/58 and 535.