The Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/21 |
| Year | 2020 |
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2020 No. 21
LAND REFORM
The Right to Buy Land to Further Sustainable Development
(Applications, Written Requests, Ballots and Compensation)
(Scotland) Regulations 2020
Made - - - - 5th February 2020
Laid before the Scottish Parliament 7th February 2020
Coming into force - - 26th April 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred on
them by sections 54(5)(a) and (c), 55(4), 56(9), 57(2) and (8), 67(5) and 68(6) of the Land Reform
(Scotland) Act 2016(a) and all other powers enabling them to do so.
PART 1
Introductory
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Right to Buy Land to Further Sustainable
Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations
2020 and come into force on 26 April 2020.
(2) In these Regulations—
“the Act” means the Land Reform (Scotland) Act 2016,
“ballot deadline” has the meaning given in regulation 8(3)(b),
“charity number” means the number used by the Office of the Scottish Charity Regulator to
identify a charity that is registered on the Scottish Charity Register in accordance with the
“company number” means the unique number allocated to every company, known as the
company’s registered number, in accordance with section 1066 of the Companies Act 2006
(company’s registered numbers)(c),
“Lands Tribunal” means the Lands Tribunal for Scotland,
“Part 5 community body” is to be construed in accordance with section 49(1) of the Act (Part
5 community bodies),
(a) 2016 asp 18.
(b) 2005 asp 10.
(c) 2006 c.46.
2
“registered rules” has the meaning given by section 149 of the Co-operative and Community
Benefit Societies Act 2014 (interpretation of act)(a),
“registration number” means a number attributed to a community benefit society when it is
registered under section 3 of the Co-operative and Community Benefit Societies Act 2014
(registration).
PART 2
Applications under section 54 of the Act
Application for consent of the Scottish Ministers
2. For the purposes of section 54 of the Act (right to buy: application for consent), an application
must—
(a) be made in the form specified in schedule 1, and
(b) include or be accompanied by information where specified in that form.
Specifications for maps, plans or other drawings relating to land or tenant’s interest
3. A map, plan or other drawing that is referred to in schedule 1 and schedule 2 must—
(a) be drawn to a metric scale corresponding to a scale used by the O rdnance Survey for that
land,
(b) be taxative and not demonstrative only,
(c) show the compass orientation of north,
(d) contain map grid reference numbers and sufficient surrounding details (fences, houses
etc.) to enable the position of the land to be fixed accurately,
(e) show the boundaries of the land, and
(f) where measurements are given, give those measurements to one decimal place.
Manner in which application for consent must be publicly notified
4. The Scottish Ministers must give public notice of an application as required by section 55(3)
of the Act (right to buy: application procedure) by way of an advertisement in one or both of the
following—
(a) a digital or paper edition of a newspaper circulating in the area where the community is
located,
(b) a publicly accessible webpage or website maintained by the Scottish Ministers for
purposes which include making available for inspection any public notice of an
application for consent under this regulation.
(a) 2014 c.14.
3
PART 3
Written request to an owner or tenant under section 56 of the Act
Written request to an owner or tenant under section 56 of the Act
5. A written request—
(a) to the owner of the land for the purpose of section 56(3)(a) of the Act (right to buy:
Ministers’ decision on application), or
(b) to the tenant for the purpose of section 56(7)(a) of the Act,
must be in the form specified in schedule 2.
Response from the owner of the land
6. A response from the owner of the land to a request sent for the purpose of section 56(3)(a) of
the Act must be in the form specified in Part B of schedule 2.
Circumstances in which the owner of the land is taken not to have responded or agreed to
the request
7.—(1) The owner of the land is to be taken—
(a) not to have responded to a request sent for the purpose of section 56(3)(a) of the Act in
the circumstances specified in paragraph (2), or
(b) not to have agreed to a request sent for the purpose of section 56(3)(a) of the Act in the
circumstances specified in paragraph (3).
(2) The owner of the land is taken not to have responded to a request if they have not returned
Part B of the form in schedule 2 to the Part 5 community body within the period of 6 months
beginning on the date of receipt of Part A of the form in schedule 2.
(3) The owner of the land is taken not to have agreed to a request if—
(a) they have chosen Option 2 or Option 3 in Part B of the form in schedule 2,
(b) they have chosen Option 1 in Part B of the form in schedule 2, but within the period of 6
months beginning on the date of receipt of Part A of the form in that schedule they have
not concluded missives with the Part 5 community body or, as the case may be, the third
party purchaser or,
(c) they have left Part B of the form in schedule 2 blank or spoiled it.
PART 4
Ballot for the purpose of section 57 of the Act
Conduct of ballot
Conduct of ballot
8.—(1) The ballot for the purpose of section 57(1) of the Act (ballot to indicate approval for the
purposes of section 56) must be conducted—
(a) in a fair and reasonable manner, and
(b) as a secret postal ballot.
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