Subsection (6) makes clear that action to notify a community body with a registered interest in land that a transfer of the land is proposed need not be accompanied by action to place the land in question on the property market.

Section 54: Power to modify sections 52(4) and (5) and 53

Subsection (1) allows Ministers to amend by order the sections which define exempt transfers of registered land and the action which, when taken, constitutes action taken with a view to transferring land. Subsections (2) and (3) provide that such an order shall be made by means of a statutory instrument approved by the Scottish Parliament.

Section 55: Anti-avoidance provisions

Subsection (1) sets out that if a transfer of land is made as part of an arrangement or an incremental series of transfers with a view to, or with the result of, avoiding the effects of the Bill, then that transfer constitutes a transfer such as is set out in section 52 and accordingly will fall within the scope of Part 2.

Subsection (2) requires transferors of registered land in a disposal to a party other than a community body to incorporate a declaration of exemption in the deed of transfer. This must state, firstly, which category of exemption covers the transfer, and secondly, that the transfer does not form part of a series of transfers in order to avoid the effects of the Bill.

Subsection (3) states that, where an application is made to the Lands Tribunal, and it is satisfied that a transfer of land has been made as part of an arrangement or series of transfers intended to avoid the effects of the Bill, the Tribunal may make an order which gives Ministers the power to compulsorily acquire the land to which the arrangement relates. Subsection (4) lists the relevant statutes which shall apply in the case of a compulsory acquisition at subsection (3).

Section 56: Duties on owner proposing to transfer land

Subsection (1) requires a landowner, where he/she or an agent takes action to transfer registered land, to inform the community body and Ministers. Where the action taken with a view to transferring land takes the form of notifying this intention to the community body, then the landowner is required to inform Ministers. Subsection (2) provides that this notification should be given in the prescribed form.