Section 84: Reference to Land Court of purchase of eligible additional land without owners consent

This section deals with cases in which the crofting community body applies to include eligible additional land in the transfer and the owner of the land does not agree that such land should be included.

Subsection (1) requires Ministers to refer the question, as to whether the application should be consented to in such cases, to the Scottish Land Court.

Subsection (2) provides that the Scottish Land Court may approve the application but only if they have been satisfied that the specified criteria have been met. It further provides that the effect of the Scottish Land Court approving the application will be the same as if Ministers had been satisfied that the landowner had consented to the inclusion of this land.

Subsection (3) provides that where the Scottish Land Court approves the application it may impose conditions which will apply to the land to be transferred to the crofting community body.

Subsection (4) provides that if the purpose for which the crofting community body is seeking to acquire additional land can be met by imposing conditions on all or part of that land then the Scottish Land Court may approve the application without the additional land or part of it and instead impose title conditions on the additional land or part of it.

Subsection (5) provides that the effect of the Scottish Land Court approving the application in accordance with subsection (4) will be the same as if Ministers had been satisfied that the landowner had consented to the inclusion of this land.

Section 85: Modification of section 84(2)(a) to (d)

This section provides for Ministers to vary or add to the range of matters specified in section 84(2) about which the Scottish Land Court must be satisfied before it approves a right to buy application which includes additional land where the landowner has not consented to its inclusion. It allows Ministers to do this by means of an order approved by the Scottish Parliament.