The Business Improvement Districts (Scotland) Amendment Regulations 2007

Scottish Statutory Instruments

2007 No. 510

LOCAL GOVERNMENT

The Business Improvement Districts (Scotland) Amendment Regulations 2007

Made

13th November 2007

Laid before the Scottish Parliament

14th November 2007

Coming into force

6th December 2007

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 46 of the Planning etc. (Scotland) Act 2006(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Business Improvement Districts (Scotland) Amendment Regulations 2007 and shall come into force on 6th December 2007.

Amendment of Regulations

2.—(1) The Business Improvement Districts (Scotland) Regulations 2007(2) are amended in accordance with this regulation.

(2) In Schedule 2 (rules for BID ballots, renewal ballots and alteration ballots)–

(a) in paragraph 2(1)(c), for “no earlier than 56 days, and no later than 90 days, from” substitute “at least 42 days after, but no more than 90 days after,”; and

(b) in paragraph 10(2)(b), omit “within Scotland”.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House Edinburgh

13th November 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Business Improvement Districts (Scotland) Regulations 2007 (“the 2007 Regulations”). Schedule 2 of the 2007 Regulations sets out rules and procedures for holding business improvement district ballots, renewal ballots, and alteration ballots.

Regulation 2(2)(a) provides that the ballot holder must secure that the day of the ballot is at least 42 days after, but no more than 90 days after, the date on which a notice is published, stating the day of the ballot and that the ballot will be by post. This clarifies the required timing between the notice and the ballot date, and corrects a drafting error.

Regulation 2(2)(b) amends paragraph 10(2)(b) of Schedule 2 to the 2007 Regulations which provides that (apart from where there is a proxy voting) the ballot paper is to be sent to the address of the relevant property or principal place of business in Scotland of the person voting. The amendment removes the restriction that the principal place of business (for the purpose of sending the paper) must be within Scotland.

(1)

2006 asp 17.

(2)

S.S.I. 2007/202.