Subsection (2) defines the necessary level of support within a community to justify registration by Ministers and allows for Ministerial discretion on that level of support.

Subsection (3) allows Ministers, if they consider it to be in the public interest, to enter a community interest in the Register, where the applicant is not a community body but is incorporated in the same manner, or where not all of the requirements in subsection (1)(b) have been met.

Subsection (4) defines the terms "sustainable development", "company limited by guarantee" and the community, as used within this section.

Section 47: Time limit for registration: late registration

Subsection (1) provides that in order to make a timeous application to register an interest, the community body's application to register an interest must be received by Ministers before the landowner (or the landowner's representative) takes any action with a view to transferring the land.

Subsection (2) provides that, notwithstanding subsection (1), a community body may apply for late registration if:-

• the application to register an interest was received by Ministers before any closing date set by the landowner for offers to buy the land; or
• where there is no such closing date or time fixed, before a contract for the sale of the land is concluded or where the transfer of control of the land has not otherwise been finalised.

Ministers must also be satisfied that:-

• there is good reason for the application being late;
• that there is a strong level of support among the local community, which is significantly higher than normally required in support of a timeous application; and
• that there is an exceptionally strong case to be made that registration is in the public interest.