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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

draft

Subsection (2) identifies statutory rights which are suspended and revived in the same way as the rights described in subsection (1). However, it provides that these rights are also revived once the transfer under the crofting community right to buy has been completed.

Subsection (3) provides that nothing in this part of the Bill prejudices the position of creditors seeking to prevent the disposal of heritable property by a debtor by means of inhibition or action of adjudication.

Section 91: Confirmation of intention to proceed with purchase and withdrawal

Subsection (1) provides that a crofting community body may only exercise its right to buy if within 21 days after Ministers consent to the application it sends notice confirming its intention to proceed to buy the land.

Subsection (2) provides that by notice in writing to Ministers the crofting community body may withdraw its right to buy application or its confirmation of its intention to proceed.

Subsection (3) specifies the action to be taken by Ministers on receipt of such notices.

Section 92: Completion of purchase

This section deals with conveyancing matters relevant to the transfer of land following Ministers giving consent to a crofting community right to buy application.

Subsection (1) provides that the crofting community body will be responsible for preparing the documents necessary to effect the conveyance of the land and for ensuring that the subjects to be conveyed are the same as those covered by the consent given by Ministers.

Subsection (2) provides that where the crofting community body cannot comply with its duty regarding the description of the property due to the fact that part of the land or interests in land covered by the consent to the crofting community right to buy is not owned by the person named as owner in the application then it shall refer this matter to Ministers.

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