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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

draft

  • if any land has been transferred previously, no more than 10% of the remaining land held by the community body;
  • Ministers have consented to the transfer.

Subsection (3) requires an application for Ministers' consent to be in the prescribed form, setting out information as required regarding the land, such as the area the community body wishes to transfer, including its location and boundaries. Under subsection (4) Ministers are required to write intimating their decision within 30 days.

Subsection (5) exempts transfer of land by compulsory purchase under other legislation.

Subsection (6) requires Ministers to ensure that community bodies do not arrange for a series of disposals, so as to, in time, have disposed of a substantial part of the land it acquired under the community right to buy. If Ministers believe that this has occurred they may, under subsection (7), compulsorily acquire the land, or the land still owned by the community body.

Subsection (8) explains how the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 applies in relation to this section. Subsection (9) requires that any deed transferring land to a community body shall contain the restrictions on disposal described at subsections (1) and (2).

Subsection (10) permits the Lands Tribunal to suspend the effect of this section in relation to the title to land transferred by the community body, where that body has, by means of fraud, induced a purchaser to believe there were no such restrictions on the disposal of land.

Section 74: Construction of references to land in which community interest registered

This section explains references to land in which a community interest has been registered under this Part.

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