Section 48: Action by Ministers following application for registration

Subsection (1) provides that where Ministers receive and approve an application to register an interest, they may serve notice in writing on the landowner which prohibits him/her from proceeding with the proposed transfer of land for a period of 30 days after the date of the notice.

Subsection (2) makes clear that such a notice also has the effect of postponing any closing date, where one is fixed, for 30 days. Subsection (3) states that in the case of a late application, Ministers shall not send any such notice after a closing date has passed, and any notice which may be sent after that date shall have no effect.

Section 49: Effect of registration

Subsection (1) states that, where a community body has registered an interest in land, the landowner must not transfer that land, other than in accordance with this legislation. Subsection (2) states that a transfer in breach of this legislation shall not constitute a legally valid transfer of title. Subsection (3) provides for The Land Registration (Scotland) Act 1979 to be amended accordingly.

Section 50: Duration and renewal of registration

Subsection (1) states that a community interest, once registered, shall endure for 5 years from the date of that registration.

Subsection (2) allows a community body to apply to re-register its interest at any time in the 6 months before the registration expires. Once this interest is re-registered, it continues to have effect in the same manner as the former registration, and does so for a further 5 years from the date of re-registration. There is no limit to the number of times an interest can be re-registered.