Committee
Justice 1 Committee, 10 Dec 2002
10 Dec 2002 · S1 · Justice 1 Committee
Item of business
Title Conditions (Scotland) Bill: Stage 2
Mr Wallace:
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Section 4 is about the creation of real burdens after the appointed day. As the committee will see, paragraph (c) of subsection (2) is about the identification of burdened and benefited properties and, in the case of a personal burden, the identification of the holder of the personal burden. In the bill as introduced, subparagraphs (i) and (ii) are mutually exclusive. In other words, the way in which the bill is written means that either the owner of the benefited property or the holder of the personal burden should be identified. However, there could be circumstances in which there would be both a benefited property and a personal burden holder. For example, a community burden might be both a community burden and a conservation burden. The amendment will ensure that both the benefited property and the person in whose favour the real burden is constituted should be nominated and identified where both exist. The other amendments in the group deal with cases where there is both a benefited property and a personal burden holder. They make provisions as to how the Lands Tribunal should deal with such cases.I move amendment 89.
In the same item of business
The Convener:
SNP
I will rattle on, because we have an awful lot to get through. Item 3 on the agenda is consideration of the Title Conditions (Scotland) Bill. I welcome the M...
Section 1—The expression "real burden"
The Convener:
SNP
Amendment 87 is grouped with amendments 106, 107, 108, 233, 235, 208, 64, 67, 69, 70, 71, 72, 238, 239 and 75.
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
Amendment 87 will introduce into the bill economic development burdens as one of the exceptions to the general rule that burdens must benefit other land.Amen...
Lord James Douglas-Hamilton:
Con
Does amendment 106 provide for clawback for the public sector? I assume that in certain circumstances economic burdens might relate to clawback.
Mr Wallace:
I confirm that the amendment provides for clawback.
Lord James Douglas-Hamilton:
Con
I declare an interest as an unpaid trustee. Does the minister believe that there are no circumstances in which the provision should apply to the private sector?
Mr Wallace:
Yes. In the stage 1 debate, we discussed whether the provision should be available to private bodies and individuals, rather than restricted to local authori...
Lord James Douglas-Hamilton:
Con
Is the minister's view that the public interest should be paramount in circumstances of the kind that we are discussing?
Mr Wallace:
That is the motivation for amendment 106. The amendment accords with the evidence that COSLA gave to the committee at stage 1.
Amendment 87 agreed to.
The Convener:
SNP
Amendment 222 is grouped with amendments 223 to 226.
Maureen Macmillan:
Lab
Amendment 223 is the main amendment in the group. The bill proposes a special status for conservation bodies. In the same way, we believe that there should b...
Lord James Douglas-Hamilton:
Con
Does the minister accept that Maureen Macmillan has a valid point? In certain parts of the Highlands, local people have difficulty in obtaining low-cost home...
Mr Wallace:
As Maureen Macmillan indicated, amendment 223 seeks to ensure that, where bodies sell land at affordable prices for local social community housing purposes, ...
Maureen Macmillan:
Lab
I am pleased to hear the minister say that he realises that the issue is important in rural areas. I would be happy to withdraw amendment 222, on the basis t...
Amendment 222, by agreement, withdrawn.
Section 1, as amended, agreed to.
Section 2 agreed to.
Section 3—Other characteristics
The Convener:
SNP
Amendment 88 is grouped with amendment 73.
Mr Wallace:
Amendment 88, together with amendment 73, will resolve a technical problem that might have allowed people who do not have any right to enforce a condition to...
Amendment 88 agreed to.
Section 3, as amended, agreed to.
Section 4—Creation
The Convener:
SNP
Amendment 89 is grouped with amendments 169, 170 and 182.
Mr Wallace:
Section 4 is about the creation of real burdens after the appointed day. As the committee will see, paragraph (c) of subsection (2) is about the identificati...
Amendment 89 agreed to.
Section 4, as amended, agreed to.
Sections 5 and 6 agreed to.