PART 2 THE COMMUNITY RIGHT TO BUY

CHAPTER 1 GENERAL EXTENT OF COMMUNITY RIGHT TO BUY

Section 40: Right of community to buy rural land

Subsection (1) explains that the effect of Part 2 is to give a right to buy land to rural communities.

Subsection (2) indicates that Part 2 will define the land that can be bought, who can buy it and how this can be done.

Section 41: Registrable land

This section provides for an order to be made defining the land which may be bought and allows Ministers to determine the factors (ie relating to population) applying to this land.

Subsections (1) to (3) define registrable land as any land other than excluded land, and provide for Ministers to determine the factors applying to excluded land. Subsection (4) sets out the mapping requirements regarding excluded land. Subsection (5) requires Ministers to make publicly available any mapping which does not form part of the order.

Subsection (6) provides that registrable land may include salmon fishings or mineral rights. Subsection (7) specifies the minerals the rights to which are not included within these provisions.

Subsections (8) and (9) require that any order under this section must be made by means of a statutory instrument and be approved by the Scottish Parliament.