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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

draft

Subsection (8) requires the valuer to ask both the owner and the crofting community body for their views in writing on the value of land or interests and to take these representations into account in arriving at his/her valuation.

Subsection (9) specifies that where the crofting community body and the owner have agreed the valuation they shall notify the valuer in writing.

Subsection (10) provides for discounting the valuation on account of the value of a leaseback of the sporting interest to the owner.

Subsections (11) and (12) require the appointed valuer to notify Ministers, the landowner and the crofting community body of his/her valuation. This must be done within 6 weeks of being appointed or within a longer period set by Ministers.

Subsection (13) confirms that the validity of the transfer is not affected by a failure by the valuer to comply with the time limit.

Section 95: Compensation

This section provides for payment of compensation to anyone who has incurred losses or expenses as a result of an application to exercise the crofting community right to buy. It provides that the compensation will be payable by the crofting community body except where Ministers have refused the application in which case the compensation will be paid by Ministers.

Subsection (1) specifies the circumstances in which eligibility for compensation which can be recovered from the crofting community body, will arise.

Subsections (2) and (3) specify circumstances in which compensation for losses and expenses can be recovered from Ministers.

Subsection (4) provides that Ministers shall make an order, in a form specified in subsection (7), governing how compensation is claimed and assessed.

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