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| Subsection (3) specifies that the notice shall contain information about the consequences of the decision, the rights of appeal and state the date on which the decision is effective. Section 89: Leaseback to owner of sporting interests This section allows for the sporting rights to be leased back to the person who owned the land prior to the exercise of the right to buy, at a nominal rental for a period of at least 20 years. Subsection (1) specifies that the leaseback provisions apply, where the owner of the land had sole use of the sport at the date of the right to buy application, the crofting community body has proposed a leaseback of the sport in their application and the owner has, within the specified time limit, notified Ministers, in writing, that he wishes to lease the sporting interest in the land. Subsection (2) states that on being so notified Ministers will invite the Scottish Land Court to specify appropriate terms for a lease. Subsection (3) imposes a requirement to determine these terms and conditions on the Scottish Land Court subject to such mandatory terms and conditions as are specified in subsection (4). Subsection (5) provides that the crofting community body will be responsible for granting the lease. Subsection (6) provides for the crofting community body and owner agreeing their own terms and conditions. Section 90: Effects on other rights of Ministers' decision on right to buy Subsection (1) provides that the crofting community right to buy has an effect on pre-existing rights of pre-emption, redemption or reversion or any option to purchase. These rights shall be suspended if Ministers approve a right to buy and extinguished when the transfer under the crofting community right to buy has been completed. However, should the transfer not be completed, either because the crofting community body decides not to proceed to buy the land or withdraws its confirmation of its intention to proceed then the suspension of rights is lifted and these rights are revived. |
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