Allotments (Scotland) Act 1892

– Scottish Parliament written question – answered on 15th January 2010.

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Photo of Nanette Milne Nanette Milne Conservative

Question S3W-30502

To ask the Scottish Executive whether local authority allotment tenants who have been charged rent as a result of the implementation of regulations that have not been confirmed by the Scottish Ministers in terms of section 6(1) of the Allotments (Scotland) Act 1892 are entitled to have these rents repaid to them.

Photo of John Swinney John Swinney Scottish National Party

A local authority would not be entitled to collect rent under regulations that had not been formally confirmed by Scottish Ministers in terms of section 6(1) of the Allotment (Scotland) Act 1892. Regulations made under this provision have no legal effect without ministerial confirmation. It would be for the local authority to resolve with its allotment holders the issue of rent collected in this manner.

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