Land Reform (Scotland) Act 2003

• (b) no account is to be taken of—

• (i) any depreciation of the type mentioned in subsection (5)(b),

• (ii) any disturbance of the type mentioned in subsection (5)(c),

• (iii) the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale.

• (7) The expense of a valuation under this section is to be met by Ministers.

• (8) In carrying out a valuation under this section, the valuer must—

• (a) invite—

• (i) the owner of the land, and

• (ii) the Part 3A community body which is exercising its right to buy the land,

to make representations in writing about the value of the land, and

• (b) consider any representations made accordingly.

• (9) Where written representations under subsection (8) are received—

• (a) from the owner of the land, the valuer must invite the Part 3A community body which is exercising its right to buy the land to send its views on the representations in writing,

• (b) from the Part 3A community body which is exercising its right to buy the land, the valuer must invite the owner of the land to send the owner's views on the representations in writing.

• (10) In carrying out a valuation under this section, the valuer must consider any views sent under subsection (9).

• (11) Where the Part 3A community body and the owner of the land have agreed the valuation of the land they must notify the valuer in writing of that valuation.

• (12) The valuer must, within the period set out in subsection (13), notify Ministers, the Part 3A community body and the owner of the land of the assessed value of the land.

• (13) The period referred to in subsection (12) is the period of 8 weeks beginning with the date of appointment of the valuer or such longer period as Ministers may, on an application by the valuer, fix.

• (14) The validity of anything done under this Part is not affected by any failure by a valuer to comply with the time limit specified in subsection (13).

97T

• (1) Any person, including an owner or former owner of land, who has incurred loss or expense—

• (a) in complying with the requirements of this Part following the making of an application under section 97G by a Part 3A community body,

• (b) as a result of the withdrawal by the Part 3A community body of its confirmation under section 97P or its failure otherwise to complete the purchase after having so confirmed its intention under that section, or

• (c) as a result of the failure of the Part 3A community body which made that application to complete the purchase,

is entitled to recover the amount of that loss or expense from the Part 3A community body.

• (2) There is no such entitlement where the application made under section 97G is refused.

• (3) Where such an application has been refused, the owner of the land who has incurred loss or expense as mentioned in subsection (1)(a) is entitled to recover the amount of that loss or expense from Ministers.

• (4) Ministers may, by order, make provision for or in connection with specifying—

• (a) amounts payable in respect of loss or expense incurred as mentioned in subsection (1),

• (b) amounts payable in respect of loss or expense incurred by virtue of this Part by a person of such other description as may be specified,

• (c) the person who is liable to pay those amounts,

• (d) the procedure under which claims for compensation under this section are to be made.

• (5) Where, at the expiry of such period of time as may be fixed for the purposes of this subsection by an order under subsection (4)(d), any question as to whether compensation is payable or as to the amount of any compensation payable has not been settled as between the parties, either of them may refer the question to the Lands Tribunal.

• (6) Where either of the parties refers a question to the Lands Tribunal as mentioned in subsection (5), the party so referring the question must, within 7 days of the date of referring it, notify Ministers in writing of—

• (a) the referral of the question, and

• (b) the date of referring the question.

• (7) The Lands Tribunal must send a copy of its findings on a question referred to it under subsection (5) to Ministers.

• (8) Failure to comply with subsection (6) or (7) has no effect on—

• (a) the Part 3A community body's right to buy the land, or

• (b) the validity of the referral of the question under subsection (5).

• (9) The duty in subsection (6) does not apply where the party referring the question mentioned in that subsection is Ministers.

97U

• (1) Ministers may, in the circumstances set out in subsection (2), pay a grant to a Part 3A community body.

• (2) Those circumstances are—

• (a) that after settlement of its other liabilities connected with the exercise of its right to buy land under this Part, the Part 3A community body has insufficient money to pay, or to pay in full, the amount of compensation it has to pay under section 97T,

• (b) that the Part 3A community body has taken all reasonable steps to obtain money in order to pay, or to pay in full, that amount (other than applying for a grant under this section) but has been unable to obtain the money, and

• (c) that it is in the public interest that Ministers pay the grant.

• (3) The fact that all the circumstances set out in subsection (2) are applicable in a particular case does not prevent Ministers from refusing to pay a grant in that case.

• (4) A grant under this section may be made subject to conditions which may stipulate repayment in the event of breach.

• (5) Ministers may pay a grant under this section only on the application of a Part 3A community body.

• (6) An application for such a grant must be made in such form and in accordance with such procedure as may be prescribed.

• (7) Ministers must issue their decision on an application under this section in writing accompanied by, in the case of a refusal, a statement of the reasons for it.

• (8) Ministers' decision on an application under this section is final.

97V

• (1) An owner of land may appeal to the sheriff against a decision by Ministers to give consent to the exercise by a Part 3A community body of its right to buy the land.

• (2) A Part 3A community body may appeal to the sheriff against a decision by Ministers not to give consent to the exercise by the Part 3A community body of its right to buy.

• (3) Subsection (2) does not extend to Ministers' decision under section 97K on which of two or more applications to buy the same land is to proceed.

• (4) A person who is a member of a community as defined for the purposes of section 97D in relation to a Part 3A community body may appeal to the sheriff against a decision by Ministers to consent to the exercise by the Part 3A community body of its right to buy land.

• (5) A creditor in a standard security with a right to sell land may appeal to the sheriff against a decision by Ministers to give consent to the exercise by a Part 3A community body of its right to buy the land.

• (6) An appeal under subsection (1), (2), (4) or (5) must be lodged within 28 days of the date on which Ministers decided to consent to the exercise of the right to buy land or refuse such consent.

• (7) The sheriff in whose sheriffdom the land or any part of it is situated has jurisdiction to hear an appeal under this section.

• (8) Where an appeal is made—

• (a) under subsection (1) the owner must intimate that fact to—

• (i) the Part 3A community body,

• (ii) Ministers, and

• (iii) any creditor in a standard security with a right to sell the land to which the appeal relates,

• (b) under subsection (2) the Part 3A community body must intimate that fact to—

• (i) the owner,

• (ii) Ministers, and

• (iii) any creditor in a standard security with a right to sell the land to which the appeal relates,

• (c) under subsection (4) the member of the community must intimate that fact to—

• (i) the Part 3A community body,

• (ii) the owner,

• (iii) Ministers, and

• (iv) any creditor in a standard security with a right to sell the land to which the appeal relates, or

• (d) under subsection (5), the creditor must intimate that fact to—

• (i) the Part 3A community body,

• (ii) the owner, and

• (iii) Ministers.

• (9) The decision of the sheriff in an appeal under this section—

• (a) may require rectification of the New Register,

• (b) may impose conditions upon the appellant,

• (c) is final.

97W

• (1) The owner of the land and the Part 3A community body which is exercising its right to buy the land may appeal to the Lands Tribunal against the valuation carried out under section 97S.

• (2) An appeal under this section must state the grounds on which it is being made and must be lodged within 21 days of the date of notification under section 97S(12).

• (3) In an appeal under this section, the Lands Tribunal may reassess the value of the land.

• (4) The valuer whose valuation is appealed against may be a witness in the appeal proceedings.

• (5) The Lands Tribunal must give reasons for its decision on an appeal under this section and must issue a written statement of these reasons—

• (a) within 8 weeks of the hearing of the appeal, or

• (b) where subsection (6) applies, by such later date referred to in paragraph (b)(ii) of that subsection.

• (6) This subsection applies where—

• (a) the Lands Tribunal considers that it is not reasonable to issue a written statement mentioned in subsection (5) by the time limit specified in paragraph (a) of that subsection, and

• (b) before the expiry of that time limit, the Lands Tribunal has notified the parties to the appeal—

• (i) that the Lands Tribunal is unable to issue a written statement by that time limit, and

• (ii) of the date by which the Lands Tribunal will issue such a written statement.

• (7) The validity of anything done under this Part is not affected by any failure of the Lands Tribunal—

• (a) to comply with the time limit specified in paragraph (a) of subsection (5), or

• (b) to issue a written statement by the date referred to in paragraph (b) of that subsection.

• (8) Where the owner of the land or the Part 3A community body appeals under this section, the owner or, as the case may be, Part 3A community body must, within 7 days of the date on which the appeal is made, notify Ministers in writing of—

• (a) the making of the appeal, and

• (b) the date of the making of the appeal.

• (9) The Lands Tribunal must send a copy of the written statement of reasons issued under subsection (5) to Ministers.

• (10) Failure to comply with subsection (8) or (9) has no effect on—

• (a) the Part 3A community body's right to buy the land, or

• (b) the validity of the appeal under this section.

• (11) Ministers are not competent parties to any appeal under this section by reason only that they appointed the valuer whose valuation is the subject of the appeal.

• (12) Ministers' powers under the Lands Tribunal Act 1949 to make rules as respects that Tribunal extend to such rules as may be necessary or expedient to give full effect to this section.

97X

• (1) At any time before Ministers reach a decision on an application which has been made under section 97G—

• (a) Ministers,

• (b) any person who is a member of the community defined in relation to the applicant Part 3A community body in pursuance of section 97D,

• (c) the owner of the land which is the subject of the application,

• (d) any person who has any interest in the land giving rise to a right which is legally enforceable by that person, or

• (e) any person who is invited, under section 97G(9)(a)(iv), to send views to Ministers on the application,

may refer to the Lands Tribunal any question relating to the application.

• (2) In considering any question referred to it under subsection (1), the Lands Tribunal may have regard to any representations made to it by—

• (a) the applicant Part 3A community body,

• (b) the owner of the land which is the subject of the application, or

• (c) any other person who, in the opinion of the Lands Tribunal, appears to have an interest.

• (3) The Lands Tribunal—

• (a) must advise Ministers of its finding on any question so referred, and

• (b) may, by order, provide that Ministers may consent to the application only if they impose, under section 97L, such conditions as the Tribunal may specify.

• (4) If the Lands Tribunal considers any question referred to it under this section to be irrelevant to Ministers' decision on the application to which it relates, it may decide to give no further consideration to the question and find accordingly.

• (5) Where a person mentioned in any of paragraphs (b) to (e) of subsection (1) refers a question to the Lands Tribunal as mentioned in that subsection, the person so referring the question must, within 7 days of the date of referring it, notify Ministers of—

• (a) the referral of the question, and

• (b) the date of referring the question.

• (6) Failure to comply with subsection (3)(a) or (5) has no effect on—

• (a) the validity of the application under section 97G by the Part 3A community body,

• (b) the Part 3A community body's right to buy the land, or

• (c) the validity of the referral of the question under subsection (1).

97Y

An appeal under section 97V or 97W does not prevent the parties from settling or otherwise agreeing the matter in respect of which the appeal was made between or among them.

97Z

• (1) Any reference in this Part to a creditor in a standard security with a right to sell land is a reference to a creditor who has such a right under—

• (a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or

• (b) a warrant granted under section 24(1) of that Act.

• (2) In calculating for the purposes of this Part any period of time within which an act requires to be or may be done, no account is to be taken of any public or local holidays in the place where the act is to be done.

• (3) Subsection (2) does not apply to a period of time specified in section 97R(2), 97V(6), or 97W(2).

Assessment of value of croft land etc.

97ZA

Any reference in this Part to a creditor in a standard security with a right to sell land is a reference to a creditor who has such a right under—

• (a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or

• (b) a warrant granted under section 24(1) of that Act.

Countryside (Scotland) Act 1967 (c. 86)

The Conservation (Natural Habitats, Etc.) Regulations 1994 (S.I. 1994/2716)