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Scottish Statutory Instruments

2006 No. 108

TITLE CONDITIONS

The Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2006

Made

7th March 2006

Laid before the Scottish Parliament

8th March 2006

Coming into force

31st March 2006

The Scottish Ministers, in exercise of the powers conferred by section 43(5) of the Title Conditions (Scotland) Act 2003(1) and of all other powers enabling them in that behalf and being satisfied as to the matters mentioned in section 43(6) of that Act, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Amendment Order 2006 and shall come into force on 31st March 2006.

Additional prescribed rural housing bodies

2.  The Schedule to the Title Conditions (Scotland) Act 2003 (Rural Housing Bodies) Order 2004(2) is amended by inserting, in alphabetical order, the bodies listed in the Schedule to this Order.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th March 2006

(Article 2)

SCHEDULERURAL HOUSING BODIES PRESCRIBED UNDER SECTION 43(5) OF THE TITLE CONDITIONS (SCOTLAND) ACT 2003

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 four bodies to the Schedule which lists bodies that are prescribed as rural housing bodies. A rural housing body is a body 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. All four bodies contained in the Schedule comply with this requirement.

(1)

2003 asp 9. Section 43 was amended by section 25 of, and paragraph 12 of Schedule 4 to, the Tenements (Scotland) Act 2004 (asp 11).