Search Legislation

Land Reform (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

38Criteria for registration

This section has no associated Explanatory Notes

(1)Ministers shall not decide that a community interest is to be entered in the Register unless they are satisfied—

(a)that the land is registrable land;

(b)that—

(i)a significant number of the members of the community defined under section 34(1)(a) above have a substantial connection with the land; or

(ii)the land is sufficiently near to land with which those members of that community have a substantial connection and that its acquisition by the community body is compatible with furthering the achievement of sustainable development;

(c)where the land is salmon fishings or mineral rights, that the community body—

(i)has registered or is registering an interest in; or

(ii)has acquired or is acquiring,

other land containing or contiguous to the waters in which those salmon fishings exist or the land in which those mineral rights are exigible;

(d)that there is within the community a level of support sufficient to justify such registration; and

(e)that it is in the public interest that the community interest be so registered.

(2)For the purposes of subsection (1)(d) above, Ministers—

(a)shall regard an indication of the approval of one tenth or more of the members of the community; and

(b)may regard an indication of the approval of less than one tenth of those members,

as signifying a sufficient level of support.

(3)References in this section to the community are, as respects a community body, references to the community defined in relation to that body under section 34(1)(a) above.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources