The Allotments (Compensation) (Scotland) Regulations 2017

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations are made under sections 133(4) and (5), 134(4) and (5) and 135(3) and (4) of the Community Empowerment (Scotland) Act 2015 (“the Act”). These provisions of the Act place duties upon Scottish Ministers to make, by regulations, further provision for or in connection with compensation relating to allotments.

Regulation 2(1) and (2) provides that an applicant who considers that an authority is liable to compensate him or her under section 133(2) of the Act for damage caused by the disturbance of the enjoyment of the allotment as a result of termination of the lease must, within 28 days beginning with the date of termination, give a regulation 2(1) notice of claim to the authority. The information and evidence that must be included in or accompany the regulation 2(1) notice of claim are set out in paragraphs (3), (4) and (5).

Regulation 3(1) provides that when an authority receives a regulation 2(1) notice of claim, it must within 28 days decide if it has sufficient information and evidence to enable it determine the matters in paragraph (2). If the authority decides it does not have enough information and evidence it must request the further matters it requires from the applicant (paragraph (3)), which the applicant must provide within the timescale in paragraph (4).

Regulation 4(2) sets out the determination the authority must make in relation to the claim and paragraphs (3) and (4) set out the matters it must take into account in making that determination. Paragraphs (5) to (7) set out the steps the authority must then take in relation to the claim.

Regulation 5 provides that where it appears to the authority that a tenant may be liable to pay compensation for the deterioration of an allotment under section 134(2) of the Act, the authority must:- (a) carry out an inspection of the allotment within 10 days of the lease ending; and (b) if it appears that the allotment has deteriorated during the tenant’s lease, and the deterioration was caused by the fault or negligence of the tenant, give the tenant a deterioration notice within 28 days of the lease ending.

Regulation 6(1) sets out the requirements of the deterioration notice. Regulation 7 provides that when a tenant receives a deterioration notice, that tenant may, within 28 days, make representations to the authority about any of the matters contained in the deterioration notice.

Regulation 8(1) sets out the determination the authority must make. Paragraph (2) provides that this must take account of any representations made under regulation 7. The authority must give the tenant written notice of its determination (paragraph (3)). The determination must take account of any representations made under regulation 7 (paragraph (2)).

Regulation 9(1) sets out the arrangements for payment of any compensation due under section 134(2) of the Act.

Regulation 10(1) and (2) provides that an applicant who considers that an authority is liable to compensate him or her under section 135(2) of the Act for loss of crops where the lease of the allotment is resumed must, within 28 days beginning with the date on which the allotment is resumed, give a regulation 10(1) notice of claim to the authority. The information and evidence that must be included in or accompany the regulation 10(1) notice of claim are set out in paragraph 3.

Regulation 11(1) provides that when an authority receives a regulation 10(1) notice of claim, it must within 28 days decide if it has sufficient information and evidence to enable it to decide the matters in paragraph (2). If the authority decides it does not have enough information and evidence it must request the further matters it requires from the applicant (paragraph (3)), which the applicant must provide within the timescale in paragraph (4).

Regulation 12(2) sets out the determination the authority must make in relation to the claim and paragraphs (3) and (4) set out the matters it must take into account in making that determination. Paragraphs (5) to (7) set out the steps the authority must then take in relation to the claim.

No business and regulatory impact assessment has been prepared for these Regulations as no impact on business, charities or voluntary bodies is foreseen.