Section 66: Effect of right to buy on other rights

Subsection (1) states the effect of the community right to buy in relation to pre-existing rights of pre-emption, redemption, or reversion or any option to purchase. These rights shall be suspended at the point where a community body confirms that it wishes to exercise its right to buy, and extinguished if and when the transfer under the community right to buy has been completed. However, should the transfer not be completed, either because the community body has declined to purchase, or because it does not proceed to buy for any other reason, then the suspension of these rights is lifted and they are reinstated.

Subsection (2) identifies specific statutory and related rights, which are suspended and revived in the same way as the rights described in subsection (1); however, these rights are also revived if the transfer is completed.

Subsection (3) provides that nothing in this Part prejudices the position of creditors seeking to prevent by means of inhibition or action of adjudication the disposal by the debtor of its heritable property.

Section 67: Powers of Lands Tribunal in event of failure or delay

Subsection (1) provides for the Lands Tribunal, if satisfied that either the landowner or the community body has caused unreasonable delay in transferring title to the land, to make an order compelling the party responsible for the delay to take specified remedial action within a certain period of time.

Subsection (2) states that, should a community body fail to comply with such an order, then its right to buy may be extinguished by a further order by the Lands Tribunal. A copy of any such order must be sent by the Tribunal to Ministers. In these circumstances, subsection (3) requires Ministers to delete the community body's interest from the Register.

Subsection (4) states that an order against a landowner may be enforced by the Lands Tribunal as if with the authority of the Court of Session. To comply with the order, the property would have to transfer; monetary compensation would not suffice.