Section 57: Procedure following receipt of notice under section 56

Subsection (1) requires Ministers to record in the Register the particulars of any notice from a landowner that he/she intends to transfer land which includes registered land.

Subsection (2) requires Ministers, within 7 days of receipt of such notice, to seek written confirmation from the community body that it intends to exercise the right to buy the land. Ministers shall, at the same time, send to the landowner a notice confirming that they have sought this confirmation from the community body. Subsection (3) makes clear that such a notice prohibits the landowner from taking any further action with a view to transferring the land. Subsection (4) states that this notice shall specify the date by which the community body must reply, and states the effect of failure to do so.

Subsection (5) requires Ministers to delete the community body's entry from the Register, unless they receive, within 30 days, written confirmation of the community body's intention to exercise the right to buy.

Subsection (6) requires Ministers to send to the landowner copies of relevant documents and notification if an interest is deleted from the Register.

CHAPTER 4 PROCEDURE AFTER ACTIVATION OF RIGHT TO BUY

Section 58: Exercise of right to buy: approval of community and consent of Ministers

Subsection (1) states that before a community may exercise the right to buy, it must first show that it has the approval of the local community (ie not only the members of the community body but the wider local community), and it must also have the consent of Ministers.

Subsection (2) sets out the requirements to demonstrate the support of the local community by means of a ballot of those members of the community who are eligible to vote in local government elections. There must be at least a 50% turnout, with a majority of those voting in favour of the community purchase, unless Ministers are satisfied that less than that level of turnout is, in the circumstances, sufficient to justify that the purchase should proceed.