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Section 22 — Amendments of Title Conditions (Scotland) Act 2003

Tenements (Scotland) Bill: Stage 3 – in the Scottish Parliament at 4:00 pm on 16th September 2004.

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Photo of Murray Tosh Murray Tosh Conservative 4:00 pm, 16th September 2004

Amendment 32, in the name of the minister, is grouped with amendments 49, 50 and 78.

Photo of Mary Mulligan Mary Mulligan Labour

Amendments 32, 49, 50 and 78 are technical amendments to the Title Conditions (Scotland) Act 2003. Although amendment 78 is lengthy, most of its provisions were already in the bill after stage 2. They were previously contained in section 22, but it is thought that gathering together all the amendments to the 2003 act in a schedule would be more convenient. Of the new amendments, some rectify minor drafting errors or omissions in the 2003 act and others ensure consistency with amendments made to the Tenements (Scotland) Bill. The most notable of those is on the liability of incoming owners, as discussed earlier in the context of amendment 22.

Refinements are also made to the 2003 act's provisions that affect rural housing and housing estates. In relation to rural housing, the 2003 act specifies that rural housing bodies must have as one of their objectives or functions the provision of housing on rural land or rural land for housing. For example, that would exclude a body that, although it provided rural land, did not have that as an objective or function. The amendment will allow bodies with a wider function to be designated as rural housing bodies, although it will only be possible for rural housing burdens to be created in rural areas.

The amendment to section 53 of the Title Conditions (Scotland) Act 2003 is highly technical. Its purpose is to make it clear that, if a developer or local authority, for example, is using section 53 of the act to extend a common scheme of real burdens, it will not be necessary for them to nominate benefited properties as under the general rules set out in section 4 of the act.

I move amendment 32.

Amendment 32 agreed to.