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DRAFT LAND REFORM (SCOTLAND) BILL: Consultation Paper

Subsection (7)eriff has jurisdiction to hear appeals.

Subsection (8) specifies how the sheriff shall dispose of an appeal.

Subsection (9) provides that the sheriff's decision is final.

Subsection (10) provides that where the effect of the order by the sheriff is the same as granting the application the order may be made subject to any condition which Ministers could have imposed and subsection (11) ensures that such an order shall be consistent with any decision by the Scottish Land Court in respect of additional land.

Subsection (12) deals with arrangements for conveying notification of the appeal to all parties who have a right to appeal.

Section 99: Appeals to Land Court against valuation

Subsection (1) provides that the owner of land or of an interest in land over which the crofting community right to buy is being exercised and the crofting community body which is exercising that right to buy may appeal to the Scottish Land Court against the valuation of that land or interest in land.

Subsection (2) requires such an appeal to state the grounds of appeal and be lodged within 21 days of notification of the valuation.

Subsection (3) provides that the Scottish Land Court may reassess the value of the property.

Subsection (4) requires the Scottish Land Court to give its decision on the appeal, in writing with reasons, within 2 weeks of hearing the appeal.

Subsection (5) provides that a failure by the Scottish Land Court to meet that time limit shall not invalidate the exercise of the right to buy or the appeal.

Subsection (6) makes it clear that in appointing a valuer, Ministers' actions are not open to appeal.

Section 100: Agreement as to matters referred or appealed

This provision allows the parties to a crofting community right to buy to reach an out of court settlement on any issues to do with a crofting community right to buy which are subject to appeal.

CHAPTER 5 GENERAL AND MISCELLANEOUS PROVISIONS

Section 101: Register of Crofting Community Rights to Buy

Subsection (1) provides that a Register of Crofting Community Rights to Buy should be created and maintained.

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