• a landowner has transferred land which has an interest registered in it other than in accordance with this Part (see section 49); and
• each of the conditions mentioned in subsection (2) is met.

Subsection (2) lists the conditions as follows:-

• the land has remained registrable in the 10 year period (see subsection (3));
• that the community interest registered prior to the transfer of land in breach of subsection (1) still remains in effect, or another interest has been registered since;
• that the local community has demonstrated its support in a ballot for the compulsory purchase of the land, and the subsequent transfer to the community body;
• Ministers are satisfied that, were they considering whether to consent to the exercise of the right to buy under section 58, they would do so, being satisfied regarding the criteria in subsection (3) of that section; and
• Ministers have notified both the landowner and the community body of their intention to acquire the land.

Subsection (3) sets out how the 10 year period applies by reference to The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Subsections (4) and (5) set out that any ballot must be conducted on the same basis, with the community's approval measured in the same way, as that provided in relation to the exercise of the right to buy.

Subsection (6) provides for Ministers to transfer land acquired compulsorily to the community body at a price equal to the compensation paid to the landowner.

Subsection (7) allows Ministers to dispose of the land as they think fit, should the community body thereafter not wish to acquire it.

Subsection (8) explains how the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies in relation to this section.

Section 73: Disposal of land by a community body

Subsection (1) prevents a community body from transferring land purchased under the community right to buy.

Subsection (2) permits transfer of part of such land provided that:-

• the transfer is to support the sustainable development of the community;
• the land to be transferred is no more than 10% of the total area of land purchased by the community under this Part; or