Subsection (3) gives Ministers discretion to consent to an application when any or all of the requirements set out in subsection (1)(c), (e) and (g) have not been met.

Subsection (4) qualifies the discretion given to Ministers under subsection (3) by requiring that they may only use it in exceptional circumstances.

Section 82: Ballot to indicate approval for purposes of section 81(1)

Subsection (1) provides that a proposal by a crofting community body to exercise a crofting community right to buy will be deemed to have been approved by the relevant crofting community if at least half of that community vote on the proposal in a ballot and the majority of those voting are in favour of the proposal.

Subsections (2) and (3) specify requirements as to the conduct of the ballot.

Subsection (4) indicates that if there is not a properly conducted ballot then the crofting community right to buy application falls.

Subsection (5) requires that the conduct of the ballot and arrangements for publishing the results will be prescribed by regulations to be made.

Subsection (6) sets out the requirements for reporting the results of the ballot to Ministers.

Section 83: Right to buy same eligible land exercisable by only one crofting community body

This section deals with the situation where there is more than one crofting community body interested in buying the same land (e.g. where two or more crofting townships share a common grazing).

Subsection (1) provides that only one crofting community body may exercise the right to buy that land.

Subsection (2) states that where 2 such bodies seek to buy the same land Ministers will decide which one shall be allowed to proceed.

Subsection (3) makes clear that once Ministers have decided which crofting community right to buy shall be allowed to proceed, the other crofting community body's right to buy, so far as it relates to that application, shall be extinguished.