Subsection (3) requires that Ministers shall not give their consent to the community right to buy unless the community has demonstrated its approval via a ballot and Ministers are satisfied that:-

• the land is registrable;
• the community body continues to comply with the statutory provisions pertaining to its memorandum and articles of association;
• that where Ministers allow the registration of a company limited by guarantee which is not a community body, that there has been no material change in its circumstances;
• the community body's plans to develop the land are compatible with the sustainable use and development of the land; and
• the community purchase is in the public interest.

Subsection (4) defines sustainable use and development of the land.

Subsection (5) permits a community body to require Ministers to treat information in its application in confidence if that information relates to the proposed use of the land or how the community body proposes to raise funds to enable that use.

Subsection (6) requires Ministers to send, within 21 days of receiving notification of the result of the ballot, a notice of their decision (with reasons) on whether to give their consent to the community right to buy, to both the community body and the landowner. Subsection (7) makes clear that, should this deadline not be met, this does not affect the validity of the exercise of the right to buy.

Section 59: Ballot procedure

Subsections (1) and (2) specify requirements as to the conduct of the ballot. Subsection (3) states that if the ballot is not conducted in a fair and reasonable manner then the community right to buy falls.

Subsection (4) requires that the conduct of a ballot will be prescribed by regulations to be made by Ministers. These will include the requirement to publish the number of people eligible to vote, the number of people voting and the number of valid votes cast for and against the proposal. Subsections (5) and (6) set out the requirements for reporting the results of the ballot to Ministers.