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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

draft

Section 60: Declinature of right to buy

Subsection (1) states that if, at any time, a community body wishing to withdraw from the right to buy process, it shall notify Ministers in writing. Subsection (2) states that, on receipt of this written notice Ministers shall delete the interest from the Register and notify the landowner of the deletion.

Subsection (3) makes clear that, where such notification is given when a transfer of the land has been proposed - and therefore the community body was at that time in a position to exercise its right to buy - that right falls; and subsection (4) requires Ministers to delete the community body's interest from the Register.

Subsection (5) allows a community body to register an interest in the same land at a later date.

Section 61: Right to buy same land exercisable only by one community body

Subsection (1) provides that where more than one community body has registered an interest in the same piece of land, only one community body may exercise the right to buy that land.

Subsection (2) states that, where more than one community body has registered an interest in such land and wishes to exercise the right to buy, Ministers must decide which community body is to proceed.

Subsection (3) makes clear that, once Ministers have decided which community body shall be allowed to exercise the right to buy, any other community body's right to buy will be extinguished, and its interest will be removed from the Register.

Subsection (4) states that, where a community body and a crofting community body wish to buy the same piece of land, then Ministers must decide which body should be allowed to proceed.

Subsection (5) states that, where the crofting community body is allowed to proceed, the community body's right to buy the land is extinguished and its interest will be deleted from the Register.

Section 62: Procedure for buying

Subsection (1) makes clear that, once the right to buy is activated, the community body must make a formal offer to buy the land .

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