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Statutory Instruments

2009 No. 729 (S. 2)

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

TITLE CONDITIONS, SCOTLAND

The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009

Made

18th March 2009

Laid before Parliament

24th March 2009

Coming into force

1st June 2009

CONTENTS

Go to Preamble

  1. PART 1

    Introductory

    1. 1. Citation, commencement and extent

    2. 2. Interpretation

  2. PART 2

    The Development Management Scheme

    1. 3. The Development Management Scheme

    2. 4. Owners' association

    3. 5. Application of provisions of the Act to rules of Scheme

  3. PART 3

    Variation of the Development Management Scheme

    1. 6. Variation of Scheme in deed of application

    2. 7. Variation of Scheme with agreement of owners of affected and adjacent units

    3. 8. Variation of Scheme generally by owners' association

    4. 9. Intimation of variation under article 8

    5. 10. Enforcement of rules by members

    6. 11. Further provision as respects deeds of variation

  4. PART 4

    Rights of creditors

    1. 12. Rights of creditors

    2. 13. Conditions referred to in article 12

  5. PART 5

    Challenges to operation of the Scheme

    1. 14. Application to sheriff for annulment of decisions made under Scheme

    2. 15. Application to sheriff for order resolving certain disputes

  6. PART 6

    General

    1. 16. Liability of successor for service charge

    2. 17. Continued application of the rules following disapplication of the Scheme

    3. 18. The expression “owner”

    4. 19. Sending

    5. 20. Scheme property

    6. 21. Tenements – emergency work, redistribution of costs

  7. PART 7

    Powers of the Lands Tribunal for Scotland

    1. 22. Powers of the Lands Tribunal

    2. 23. Special provision as to variation or discharge of rules

    3. 24. Notification of application

    4. 25. Content of notice

    5. 26. Persons entitled to make representations

    6. 27. Representations

    7. 28. Granting applications for discharge, variation or preservation of a rule

    8. 29. Expenses

    9. 30. Taking effect of orders of Lands Tribunal etc.

    10. 31. Registration of orders

    1. SCHEDULE 1

      DEVELOPMENT MANAGEMENT SCHEME

      1. PART 1

        INTERPRETATION

      2. PART 2

        THE OWNERS' ASSOCIATION

      3. PART 3

        MANAGEMENT

      4. PART 4

        FINANCIAL MATTERS

    2. SCHEDULE 2

      FORM OF NOTICE OF PROPOSAL TO REGISTER DEED OF VARIATION

Go to Explanatory Note

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2), (3) and (7) of the Scotland Act 1998(1):