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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

Subsection (4) defines the type of information which community bodies may request not to be disclosed in the Register. Subsection (5) makes clear that nothing in the preceding 2 subsections compels the community body to supply Ministers with any documentation. Subsection (6) allows Ministers to modify, by order, provisions contained in subsections (2), (3) and (4); and under subsection (7), such an order must be approved by the Scottish Parliament.

Subsection (8) requires Ministers to ensure that:-

  • the Register shall be available for public inspection, free of charge, at all reasonable times;
  • members of the public are provided with facilities for obtaining copies of Register entries at a reasonable charge; and
  • on request, an extract from the Register may be certified as a true copy.

Subsection (9) makes clear that a certified true copy would carry the same weight of evidence as an original.

CHAPTER 2 REGISTRATION OF INTERESTS

Section 45: Registration of interest in land

Subsection (1) states that, for the most part, a community interest may only be registered by a community body. Subsection (2) states that, to register an interest, the community body must apply to Ministers, making an application in the prescribed form and enclosing information as prescribed, including information regarding the location and boundaries of the property.

Subsection (3) requires that, at the same time as the community body applies to Ministers, they shall send a copy of their application form and associated material to the landowner. Subsection (4) provides that where the community body satisfies Ministers that the landowner is unknown or cannot be found, Ministers may dispense with the requirement to notify the landowner and to take his/her views into account.

Subsection (5) requires Ministers, on receipt of the application, to seek the landowner's views, in writing, within 21 days of that invitation and to send a copy of that invitation to the community body.

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