The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009
S.I. 2009/729 · Made 18 March 2009
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
TITLE CONDITIONS, SCOTLAND
Made 18th March 2009
Laid before Parliament 24th March 2009
Coming into force 1st June 2009
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 1998f1:
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: Introductory
- 1Citation, commencement and extent
- 2Interpretation
- Part 2: The Development Management Scheme
- 3The Development Management Scheme
- 4Owners' association
- 5Application of provisions of the Act to rules of Scheme
- Part 3: Variation of the Development Management Scheme
- 6Variation of Scheme in deed of application
- 7Variation of Scheme with agreement of owners of affected and adjacent units
- 8Variation of Scheme generally by owners' association
- 9Intimation of variation under article 8
- 10Enforcement of rules by members
- 11Further provision as respects deeds of variation
- Part 4: Rights of creditors
- 12Rights of creditors
- 13Conditions referred to in article 12
- Part 5: Challenges to operation of the Scheme
- 14Application to sheriff for annulment of decisions made under Scheme
- 15Application to sheriff for order resolving certain disputes
- Part 6: General
- 16Liability of successor for service charge
- 17Continued application of the rules following disapplication of the Scheme
- 18The expression “owner”
- 19Sending
- 20Scheme property
- 21Tenements – emergency work, redistribution of costs
- Part 7: Powers of the Lands Tribunal for Scotland
- 22Powers of the Lands Tribunal
- 23Special provision as to variation or discharge of rules
- 24Notification of application
- 25Content of notice
- 26Persons entitled to make representations
- 27Representations
- 28Granting applications for discharge, variation or preservation of a rule
- 29Expenses
- 30Taking effect of orders of Lands Tribunal etc.
- 31Registration of orders
- Signature
- Schedule 1: DEVELOPMENT MANAGEMENT SCHEME
- Part 1: INTERPRETATION
- Chapter RULE 1 –: INTERPRETATION
- 1Definitions
- Part 2: THE OWNERS' ASSOCIATION
- Chapter RULE 2 –: ESTABLISHMENT, STATUS ETC.
- 2.1Establishment
- 2.2Status
- 2.3Members of the association
- 2.4Address of association
- Chapter RULE 3 –: FUNCTION, POWERS AND ENFORCEMENT
- 3.1Function of association
- 3.2Powers of the association
- 3.3Prohibited activities
- 3.4Scheme to be binding
- 3.5Enforcement of scheme
- 3.6Regulations
- Chapter RULE 4 –: THE MANAGER
- 4.1Association to have manager
- 4.2Power to remove manager
- 4.3Validity of actings of manager
- 4.4Manager to be agent
- 4.5Exercise of powers
- 4.6Duties owed to association and members
- 4.7Manager to comply with directions
- 4.8Information about management
- 4.9Notice to manager on sale etc. of unit
- Chapter RULE 5 –: EXECUTION OF DOCUMENTS
- 5Execution of documents by association
- Chapter RULE 6 –: WINDING UP
- 6.1Commencement of winding up
- 6.2Distribution of funds
- 6.3Final accounts
- 6.4Automatic dissolution of association
- 6.5Delayed dissolution
- Part 3: MANAGEMENT
- Chapter RULE 7 –: APPOINTMENT OF MANAGER
- 7.1First manager
- 7.2Appointment of manager
- 7.3Certificate of appointment
- Chapter RULE 8 –: DUTIES OF MANAGER
- 8Duties of manager
- Chapter RULE 9 –: CALLING OF GENERAL MEETINGS
- 9.1First annual general meeting
- 9.2Annual general meetings
- 9.3Other general meetings
- 9.4Calling of meeting
- 9.5Validity of proceedings
- 9.6Member’s right to call meeting in certain circumstances
- 9.7Procedure where member calls meeting
- Chapter RULE 10 –: GENERAL MEETINGS: QUORUM
- 10.1Number required for quorum
- 10.2Quorum necessary for meeting to begin
- 10.3No quorum at postponed meeting
- 10.4Quorum need not be maintained
- Chapter RULE 11 –: GENERAL MEETINGS: VOTING
- 11.1Allocation and exercise of votes
- 11.2Exercise of vote where two or more persons own unit
- 11.3Decision by majority
- 11.4Method of voting
- Chapter RULE 12 –: GENERAL MEETINGS: FURTHER PROVISIONS
- 12.1Election of convener
- 12.2Additional business
- 12.3Manager to attend and keep record of business transacted
- Chapter RULE 13 –: SPECIAL MAJORITY DECISIONS
- 13.1Special majority required
- 13.2Consent of owner to be given where not common property
- Chapter RULE 14 –: EMERGENCY WORK
- 14.1Power to instruct etc.
- 14.2Reimbursement of member
- 14.3Meaning of “emergency work”
- Chapter RULE 15 –: ADVISORY COMMITTEE
- 15.1Power to elect advisory committee
- 15.2Manager to consult advisory committee
- Chapter RULE 16 –: VARIATION
- 16.1Deeds of variation under article 7
- 16.2Deeds of variation under article 8 and deeds of disapplication
- Chapter RULE 17 –: WINDING UP
- 1Distribution of funds on winding up
- Part 4: FINANCIAL MATTERS
- Chapter RULE 18 –: ANNUAL BUDGET
- 18.1Duty of manager to prepare annual budget
- 18.2Content of draft budget
- 18.3Consideration of draft budget by association
- 18.4Rejected budget – payment of service charge
- 18.5Revised draft budget
- Chapter RULE 19 –: SERVICE CHARGE
- 19.1Amount of service charge
- 19.2Service charge exemption
- 19.3Manager to collect service charge
- 19.4Redistribution of share of costs
- 19.5Interest payable on overdue service charge
- 19.6Interpretation of rule 19
- Chapter RULE 20 –: ADDITIONAL SERVICE CHARGE
- 20.1Additional service charge
- 20.2Limit on amount of additional service charge
- 20.3Supplementary budget
- Chapter RULE 21 –: FUNDS
- 21.1Association funds
- 21.2Special treatment of certain funds
- 21.3Reserve fund
- Chapter RULE 22 –: SENDING
- 22.1Sending
- 22.2Method of sending
- 22.3Date of sending
- Schedule 2Article 9(2)
- Explanatory note