Community Empowerment (Scotland) Act 2015

(6) For the purposes of subsection (2)(c), the circumstances in which a community interest in land remains in effect include that— (a) the community body that applied under subsection (1) has, in accordance with subsection (2) of section 44, applied to re-register the interest, and (b) the Keeper has, by virtue of a direction under subsection (3) of that section, re-entered the interest in the Register.

.

Approval of members of community to buy land

48

In section 51 of the 2003 Act (exercise of right to buy: approval of community and consent of Ministers), in subsection (2)(a)—

• (a) in sub-paragraph (i)—

• (i) for the words “at least half”, substitute “ the proportion ”,

• (ii) after “above,”, insert “ who ”, and

• (iii) after “land”, insert “ is, in the circumstances, sufficient to justify the community body's proceeding to buy the land; ”,

• (b) the word “; or” immediately following sub-paragraph (i) is repealed, and

• (c) sub-paragraph (ii) is repealed.

Appointment of person to conduct ballot on proposal to buy land

49

After section 51 of the 2003 Act, insert—

(51A) (1) The ballot is to be conducted by a person (the “ballotter”) appointed by Ministers who appears to them to be independent and to have knowledge and experience of conducting ballots. (2) Ministers must, within the period mentioned in subsection (3), provide the ballotter with— (a) a copy of the application made by the community body under section 37 to register an interest in the land in relation to which the body has confirmed it will exercise the right to buy, and (b) such other information as may be prescribed. (3) The period is the period of 28 days beginning with the date on which a valuer is appointed under section 59(1) in respect of the land in relation to which the community body has confirmed it will exercise the right to buy. (4) Ministers must provide the community body with such details of the ballotter as will enable the community body to contact the ballotter. (5) The community body must, before the end of the period of 7 days following receipt of notification under section 60(2) of the valuation of the land, provide the ballotter with wording for the proposition mentioned in section 51(2)(b); and the ballotter must conduct the ballot on the basis of such wording. (6) At the same time as providing that wording, the community body must also provide the ballotter, in such form as may be prescribed, with such information as may be prescribed relating to— (a) the community body, (b) its proposals for use of the land in relation to which it has confirmed it will exercise its right to buy, (c) the valuation, and (d) any other matters. (7) The expense of conducting the ballot is to be met by Ministers.

.

Consent under section 51 of 2003 Act: prescribed information

50

After section 51A of the 2003 Act (inserted by section 49), insert—

(51B) (1) For the purposes of deciding whether they are satisfied as mentioned in section 51(3) in relation to a community body, Ministers must take into account— (a) the information mentioned in subsection (2), and (b) any other information they consider relevant. (2) The information referred to in subsection (1)(a) is information— (a) provided by the community body, and (b) that is of such a kind as may be prescribed. (3) Information mentioned in subsection (2) must be provided in the prescribed form. (4) Information that may be prescribed under subsection (2)(b) includes, in particular— (a) information relating to the matters mentioned in section 51(3), and (b) additional information relating to such information. (5) Ministers may, no later than 7 days after receiving the information mentioned in subsection (2), request the community body to provide such further information as they consider necessary. (6) The community body must, no later than 14 days after receiving any such request, provide Ministers with the further information requested.

.

Representations etc. regarding circumstances affecting ballot result

51

• (1) After section 51B of the 2003 Act (inserted by section 50), insert—

(51C) (1) Within 14 days of receipt by the community body of notification under section 52(3) of the result of the ballot, the body may make representations to Ministers in writing about any circumstances that the body considers have affected the result of the ballot. (2) Where the community body makes such representations it must, when making them— (a) provide Ministers with such evidence as is reasonably necessary to establish the existence and effect of the circumstances to which the representations relate, and (b) send a copy of the representations and the evidence to the owner of the land to which the ballot relates. (3) Within 7 days of receipt of any representations under subsection (1), Ministers may request the community body to provide such further information relating to the representations or related evidence as they think fit. (4) Within 7 days of receiving such a request, the community body must respond to it. (5) Within 7 days of receipt of a copy of the representations and evidence under subsection (2)(b), the owner of the land may provide Ministers with comments on the representations and evidence. (6) Where the owner of the land provides comments under subsection (5) the owner must, when providing them, send a copy of the comments to the community body. (7) Within 7 days of receipt of a copy of comments under subsection (6), the community body may give Ministers views on the comments. (8) Within 7 days of receipt of any views under subsection (7), Ministers may request the community body to provide such further information relating to the views as they think fit. (9) Within 7 days of receiving such a request, the community body must respond to it. (10) In deciding whether they are satisfied as mentioned in section 51(2)(a), Ministers must take account of any— (a) representations made under subsection (1), (b) evidence provided under subsection (2)(a), (c) further information provided under subsection (4) or (9), (d) comments under subsection (5), and (e) views under subsection (7).

.

• (2) In section 51 of the 2003 Act (exercise of right to buy: approval of community and consent of Ministers), after subsection (6), insert—

(6A) Where a community body makes representations under section 51C(1), the references to 21 days in paragraphs (a) and (b) of subsection (6) are to be read as references to 35 days.

.

Ballot not conducted as prescribed

52

In section 52 of the 2003 Act (ballot procedure), after subsection (6) (inserted by schedule 4), insert—

(7) Provision may be prescribed for or in connection with— (a) reviewing whether a ballot was conducted in accordance with provision prescribed under subsection (1), (b) providing notification to such persons, or description of persons, as may be prescribed that a ballot has not been so conducted, (c) in a case where a ballot has not been so conducted, requiring a further ballot to be conducted on such a basis, and by such persons or description of persons, as may be prescribed, (d) requiring any such further ballot to be conducted— (i) in compliance with such conditions as may be prescribed (including conditions that the ballot be conducted in accordance with provision prescribed under subsection (1)), (ii) within such timescales as may be prescribed, (e) specifying persons, or descriptions of persons, who are to meet the expenses of conducting any such further ballot, (f) specifying that any review mentioned in paragraph (a) be carried out by— (i) such persons, (ii) such description of persons, or (iii) such a court or tribunal, as may be prescribed, (g) specifying the action that may be taken by such persons, persons of such description or such a court or tribunal following such a review.

.

Period in which ballot results and valuations are to be notified

53

• (1) In section 52 of the 2003 Act (ballot procedure), in subsection (4), for the words from “28 days” to the end of the subsection, substitute

12 weeks beginning with— (a) the date on which a valuer is appointed under section 59(1) in respect of the land in relation to which the community body has confirmed it will exercise its right to buy, or (b) where— (i) the ballotter receives notification under subsection (3C) of section 60, and (ii) the date notified under paragraph (c) of that subsection is after the end of the 12 week period beginning with the date on which a valuer is appointed as mentioned in paragraph (a) above, the day following the date notified to the ballotter under paragraph (c) of that subsection.

.

• (2) In section 60 of the 2003 Act (procedure for valuation), after subsection (3), insert—

(3A) An application under subsection (3) must be made within the period of 21 days beginning with the date of appointment of the valuer. (3B) Any longer period as mentioned in that subsection must be fixed under that subsection within the period of 7 days beginning with the day on which the application was received. (3C) Where such a longer period is fixed, Ministers must notify the persons mentioned in subsection (3D) of— (a) the fact that a longer period has been so fixed, (b) the length of the period, and (c) the date on which the period ends. (3D) The persons are— (a) the community body which is exercising its right to buy the land, (b) the person appointed to conduct the ballot in relation to the land, and (c) the owner of the land.

.

Exercise of right to buy: date of entry and payment of price

54

In section 56 of the 2003 Act (procedure for buying)—

• (a) in subsection (3)(a), for the word “6”, substitute “ 8 ”, and

• (b) after subsection (6), insert—

(7) Where a later date is agreed as mentioned in subsection (3)(c), the community body must, within 7 days of the agreement— (a) notify Ministers in writing of the agreement, (b) inform Ministers— (i) of the date on which the agreement was made, and (ii) what the later date is, and (c) provide evidence to Ministers of the matters mentioned in paragraph (b).

.

Notification of application under section 57 of the 2003 Act

55

In section 57 of the 2003 Act (powers of Lands Tribunal in event of failure or delay), after subsection (5), insert—

(6) Where an application under subsection (1) is made by the owner of the land or the community body, the owner or, as the case may be, the community body must, within 7 days of the date on which the application is made, notify Ministers in writing of— (a) the making of the application, and (b) the date of making the application. (7) Failure to comply with the requirement in subsection (2) to send a copy of the order made under that subsection, or with subsection (6), has no effect on— (a) the community body's right to buy the land, or (b) the validity of the application under subsection (1).

.

Valuation: views on representations and time limit

56

In section 60 of the 2003 Act (procedure for valuation)—

• (a) after subsection (1), insert—

(1A) Where written representations under subsection (1) are received— (a) from the owner of the land, the valuer must invite the community body which is exercising its right to buy the land to send its views on the representations in writing, (b) from the 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. (1B) In carrying out a valuation under section 59, the valuer must consider any views sent under subsection (1A).

, and

• (b) in subsection (3), for the word “6”, substitute “ 8 ”.

Expenses of valuation of land

57

After section 60 of the 2003 Act, insert—

(60A) (1) Subsection (2) applies where— (a) Ministers have received a confirmation sought by them under section 49(2)(a) that a community body will exercise its right to buy land in which it has a registered interest, and (b) after Ministers have appointed a valuer under section 59(1) to assess the value of the land, the owner of the land gives notice under section 54(5) of the owner's decision not to proceed further with the proposed transfer. (2) Ministers may require the owner of the land to pay any expense incurred by them in connection with the valuation of the land under section 59 by sending the owner a demand for payment of the expense. (3) Where Ministers are considering sending a demand under subsection (2), they may request the owner of the land to provide such information as they consider necessary for the purposes of enabling Ministers to determine whether or not to send the demand. (4) The owner of the land may, within 21 days of the receipt of a demand under subsection (2), appeal to the sheriff against the demand. (5) The decision of the sheriff in an appeal under subsection (4) is final. (6) The owner of the land must pay the amount specified in a demand under subsection (2)— (a) within 28 days of receipt, or (b) where an appeal against the demand is made under subsection (4) and not upheld, within 28 days of the determination of the appeal.

.

Creditors in standard security with right to sell land: appeals

58

In section 61 of the 2003 Act (appeals)—

• (a) after subsection (3), insert—

(3A) A creditor in a standard security with a right to sell land may appeal to the sheriff against— (a) a decision by Ministers that a community interest in the land is to be entered in the Register, or (b) a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.

,

• (b) in subsection (4), for the words “or (3)”, substitute “ , (3) or (3A) ”, and

• (c) in subsection (6)—

• (i) the word “and” immediately following paragraph (a)(i) is repealed,

• (ii) in paragraph (a), after sub-paragraph (ii), insert

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

,

• (iii) the word “and” immediately following paragraph (b)(i) is repealed,

• (iv) for the word “or” immediately following paragraph (b)(ii), substitute

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

,

• (v) the word “and” immediately following paragraph (c)(ii) is repealed,

• (vi) in paragraph (c), after sub-paragraph (iii), insert

and (iv) any creditor in a standard security with a right to sell the land to which the appeal relates;

, and

• (vii) after paragraph (c), insert

or (d) under subsection (3A) above, the creditor must intimate that fact to— (i) the community body, (ii) the owner, and (iii) Ministers.

.

Appeals to Lands Tribunal as respects valuations of land

59

• (1) Section 62 of the 2003 Act (appeals to Lands Tribunal: valuations) is amended as follows.

• (2) In subsection (7), after “reasons”, where it second occurs, insert

— (a) within 8 weeks of hearing the appeal, or (b) where subsection (7A) applies, by such later date referred to in paragraph (b)(ii) of that subsection.

.

• (3) After section (7), insert—

(7A) This section applies where— (a) the Lands Tribunal considers that it is not reasonable to issue a written statement mentioned in subsection (7) 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 Tribunal is unable to issue a written statement by that time limit, and (ii) of the date by which the Tribunal will issue such a written statement.

.

• (4) In subsection (8), for the words from “to” to the end of the subsection, substitute

— (a) to comply with the time limit specified in paragraph (a) of subsection (7) above, or (b) to issue a written statement by the date referred to in paragraph (b) of that subsection.

.

• (5) After subsection (8), insert—

(8A) Where the owner of the land or the community body appeals under this section, the owner or, as the case may be, the 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. (8B) The Lands Tribunal must send a copy of the written statement of reasons issued under subsection (7) to Ministers. (8C) Failure to comply with subsection (8A) or (8B) has no effect on— (a) the community body's right to buy the land, or (b) the validity of the appeal.

.

Calculation of time periods in Part 2 of 2003 Act

60

After section 67 of the 2003 Act, insert—

(67A) (1) 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. (2) Subsection (1) does not apply to a period of time specified in— (a) section 56(3)(a) or (b), (b) section 60(3), or (c) Chapter 6 of this Part.

.

Duty to provide information about community right to buy

61

After section 67A of the 2003 Act (inserted by section 60), insert—

(67B) (1) Ministers may, for the purpose of monitoring or evaluating any impact that the right to buy land conferred by this Part has had or may have, request a person mentioned in subsection (2) to provide them with the information mentioned in subsection (3). (2) The persons are— (a) a community body, (b) the owner or former owner of land in respect of which an application to register a community interest under section 37 was made. (3) The information is such information as Ministers may reasonably require for the purpose mentioned in subsection (1) relating to the effects that the operation of the provisions of this Part have had, or may be expected to have, on such matters as may be specified in the request. (4) A person to whom a request under subsection (1) is made must, to the extent that the person is able to do so, provide Ministers with the information requested.”. Modifications of Part 3 of Land Reform (Scotland) Act 2003

.

Modifications of Part 3 of Land Reform (Scotland) Act 2003

Crofting community bodies

62

• (1) Section 71 of the 2003 Act (crofting community bodies) is amended as follows.

• (2) Before subsection (1), insert—

(A1) A crofting community body is, subject to subsection (4)— (a) a body falling within subsection (1), (1A) or (1B), or (b) a body of such other description as may be prescribed which complies with prescribed requirements.

.

• (3) In subsection (1)—

• (a) for the words “crofting community body is, subject to subsection (4) below,”, substitute “ body falls within this subsection if it is ”,

• (b) in paragraph (b), after “land”, insert “ , the interest mentioned in section 69A(3) ”,

• (c) in paragraph (c), for “20”, substitute “ 10 ”,

• (d) for paragraph (d), substitute—

(d) provision that at least three quarters of the members of the company are members of the crofting community,

,

• (e) in paragraph (f), the words “and the auditing of its accounts” are repealed, and

• (f) in paragraph (h)—

• (i) after “land”, insert “ , interest in land ”, and

• (ii) in sub-paragraph (i), for the words “or community body”, substitute “ , community body or Part 3A community body (as defined in section 97D) ”.

• (4) After subsection (1), insert—

(1A) A body falls within this subsection if it is a Scottish charitable incorporated organisation (a “SCIO”) the constitution of which includes the following— (a) a definition of the crofting community to which the SCIO relates, (b) provision enabling the SCIO to exercise the right to buy land, the interest mentioned in section 69A(3) and sporting interests under this Part, (c) provision that the SCIO must have not fewer than 10 members, (d) provision that at least three quarters of the members of the SCIO are members of the crofting community, (e) provision under which the members of the SCIO who consist of members of the crofting community have control of the SCIO, (f) provision ensuring proper arrangements for the financial management of the SCIO, (g) provision that, on the request of any person for a copy of the minutes of a meeting of the SCIO, the SCIO must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, (h) provision that, where a request of the type mentioned in paragraph (g) is made, the SCIO— (i) may withhold information contained in the minutes, and (ii) if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and (i) provision that any surplus funds or assets of the SCIO are to be applied for the benefit of the crofting community. (1B) A body falls within this subsection if it is a community benefit society the registered rules of which include the following— (a) a definition of the crofting community to which the society relates, (b) provision enabling the society to exercise the right to buy land, the interest mentioned in section 69A(3) and sporting interests under this Part, (c) provision that the society must have not fewer than 10 members, (d) provision that at least three quarters of the members of the society are members of the crofting community, (e) provision under which the members of the society who consist of members of the crofting community have control of the society, (f) provision ensuring proper arrangements for the financial management of the society, (g) provision that, on the request of any person for a copy of the minutes of a meeting of the society, the society must, if the request is reasonable, give the person within 28 days of the request a copy of those minutes, (h) provision that, where a request of the type mentioned in paragraph (g) is made, the society— (i) may withhold information contained in the minutes, and (ii) if it does so, must inform the person requesting a copy of the minutes of its reasons for doing so, and (i) provision that any surplus funds or assets of the society are to be applied for the benefit of the crofting community.

.

• (5) In subsection (2), after “(1)(c)”, insert “ , (1A)(c) or (1B)(c) ”.

• (6) After subsection (4), insert—

(4A) Ministers may by regulations from time to time amend subsections (1), (1A) and (1B). (4B) If provision is made under subsection (A1)(b), Ministers may by regulations make such amendment of section 72(1) in consequence of that provision as they consider necessary or expedient.

.

• (7) In subsection (5)—

• (a) after “(1)(a)”, insert “ , (1A)(a) or (1B)(a) ”, and

• (b) in paragraph (a)—

• (i) in sub-paragraph (i), after “Act”, insert “ and who are entitled to vote in local government elections in the polling district or districts in which that township is situated ”,

• (ii) the word “or” immediately following sub-paragraph (i) is repealed, and

• (iii) in sub-paragraph (ii), for the words from “being” to the end of the paragraph, substitute—

(ii) are tenants of crofts in the crofting township whose names are entered in the Crofting Register, or the Register of Crofts, as the tenants of such crofts; (iii) are owner-occupier crofters of owner-occupied crofts in the crofting township whose names are entered in the Crofting Register as the owner-occupier crofters of such crofts; or (iv) are such other persons, or are persons falling within a class of such other persons, as may be prescribed;

.

• (8) In subsection (6)—

• (a) for “(5)(a)(i)”, substitute “ (5)(a) ”,

• (b) after “above”, insert “ — ”, and

• (c) at the end, insert—

“owner-occupied croft” has the meaning given by section 19B(5) of the Crofters (Scotland) Act 1993, “owner-occupier crofter” is to be construed in accordance with section 19B of that Act.

.

• (9) In subsection (8)—

• (a) after “section”, insert “ — ”, and

• (b) at the end, insert—

“community benefit society” means a registered society (within the meaning of section 1 of the Co-operative and Community Benefit Societies Act 2014) registered as a community benefit society under section 2 of that Act, “registered rules” has the meaning given by section 149 of that Act (as that meaning applies in relation to community benefit societies), “Scottish charitable incorporated organisation” has the meaning given by section 49 of the Charities and Trustee Investment (Scotland) Act 2005.

.

Modification of memorandum, articles, constitution or registered rules

63

In section 72 of the 2003 Act (provisions supplementary to section 71)—

• (a) in subsection (1), for “or articles of association”, substitute “ , articles of association, constitution or registered rules (as defined in section 71(8)) ”, and

• (b) after subsection (2), insert—

(3) Subsection (2) does not apply if the crofting community body would no longer be entitled to buy the land because the land is not eligible croft land. (4) Where the power conferred by subsection (2) is (or is to be) exercised in relation to land, Ministers may make an order relating to, or to matters connected with, the acquisition of the land. (5) An order under subsection (4) may— (a) apply, modify or exclude any enactment which relates to any matter as to which an order could be made under that subsection, (b) make such modifications of enactments as appear to Ministers to be necessary or expedient in consequence of any provision of the order or otherwise in connection with the order.

.

Application: information about rights and interest in land

64

• (1) Section 73 of the 2003 Act (application by crofting community body for consent to buy croft land etc.) is amended as follows.

• (2) In subsection (5)—

• (a) after “form”, insert “ , shall specify the persons mentioned in subsection (5ZA) ”,

• (b) in paragraph (b)—

• (i) in sub-paragraph (i), after “application”, insert “ known to the crofting community body ”, and

• (ii) the words from “(ii)” to the end of the paragraph are repealed, and

• (c) paragraph (f) is repealed.

• (3) After subsection (5), insert—

(5ZA) The persons are— (a) the owner of the land, (b) any creditor in a standard security over the land or any part of it with a right to sell the land or any part of it, (c) the tenant of any tenancy of land over which the tenant has an interest, (d) the person entitled to any sporting interests, in respect of which the right to buy is sought to be exercised.

.

• (4) After subsection (5A), insert––

(5AA) Ministers may by regulations–– (a) modify any of paragraphs (a) to (g) of subsection (5), (b) provide for any of those paragraphs not to apply in such cases or circumstances as may be specified in the regulations.

.

• (5) In subsection (11), for paragraphs (a) and (b), substitute “ in such manner as may be prescribed ”.

Criteria for consent by Ministers

65

In section 74 of the 2003 Act (criteria for consent by Ministers), in subsection (1)—

• (a) the word “and” immediately following paragraph (m) is repealed, and

• (b) after paragraph (n), insert—

(o) that the owner of the land to which the application relates is accurately identified in the application, (p) that any creditor in a standard security over the land to which the application relates or any part of it with a right to sell the land or any part of it is accurately identified in the application, (q) in the case of an application made by virtue of section 69A(2), that the tenant whose interest is the subject of the application is accurately identified in the application, and (r) that the person entitled to any sporting interests to which the application relates is accurately identified in the application.

.

Ballot: information and expenses

66

• (1) Section 75 of the 2003 Act (ballot to indicate approval for the purposes of section 74(1)(m)) is amended as follows.

• (2) After subsection (4), insert—

(4A) Ministers may require the crofting community body— (a) to provide such information relating to the ballot as they think fit, and (b) to provide such information relating to any consultation with those eligible to vote in the ballot undertaken during the period in which the ballot was carried out as Ministers think fit. (4B) Subject to subsection (6), the expense of conducting a ballot under this section is to be met by the crofting community body.

.

• (3) After subsection (5), insert—

(6) Ministers may by regulations make provision for or in connection with enabling a crofting community body, in such circumstances as may be specified in the regulations, to apply to them to seek reimbursement of the expense of conducting a ballot under this section. (7) Regulations under subsection (6) may in particular make provision in relation to— (a) the circumstances in which a crofting community body may make an application by virtue of that subsection, (b) the method to be applied by Ministers in calculating the expense of conducting the ballot, (c) the criteria to be applied by Ministers in deciding whether to make a reimbursement to the applicant, (d) the procedure to be followed in connection with the making of— (i) an application to Ministers, (ii) an appeal against a decision made by Ministers in respect of an application, (e) persons who may consider such an appeal, (f) the powers of such persons.

.

Application by more than one crofting community body

67

In section 76 of the 2003 Act (right to buy same croft land exercisable by only one crofting community body), for subsection (4)(b)(i), substitute—

(i) each person invited, under section 73(8)(a), to send them views on the application,

.

Reference to Land Court of questions on applications

68

In section 81 of the 2003 Act (reference to Land Court of questions on applications), in subsection (1)—

• (a) after paragraph (b), insert—

(ba) the owner of the land which is the subject of the application, (bb) the person entitled to any sporting interests which are the subject of the application,

, and

• (b) in paragraph (ca), after “interest”, where it first occurs, insert

— (i) the tenant; and (ii)

.

Valuation: views on representations and time limit

69

In section 88 of the 2003 Act (assessment of value of croft land etc.)—

• (a) after subsection (9), insert—

(9A) Where written representations under subsection (9) are received— (a) from the owner of the land, the tenant or the person entitled to the sporting interests, the valuer must invite the crofting community body which is exercising its right to buy the land, tenant's interest or sporting interests to send its views on the representations in writing, (b) from the crofting community body which is exercising its right to buy the land, tenant's interest or sporting interests, the valuer must invite the owner of the land, the tenant or the person entitled to the sporting interests to send the views of the owner, tenant or (as the case may be) person on the representations in writing. (9B) In carrying out a valuation under this section, the valuer must consider any views sent under subsection (9A).

, and

• (b) in subsection (13), for the word “6”, substitute “ 8 ”.

Compensation

70

In section 89 of the 2003 Act (compensation), for subsection (4), substitute—

(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.

.

Land Court: reasons for decision under section 92

71

In section 92 of the 2003 Act (appeals to Land Court: valuation)—

• (a) in subsection (5), for the words “within 4 weeks of the hearing of the appeal”, substitute

— (a) within 8 weeks of the hearing of the appeal, or (b) where subsection (5A) applies, by such later date referred to in paragraph (b)(ii) of that subsection.

,

• (b) after subsection (5), insert—

(5A) This subsection applies where— (a) the Land Court 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 Land Court has notified the parties to the appeal— (i) that the Land Court is unable to issue a written statement by that time limit, and (ii) of the date by which the Land Court will issue such a written statement.

,

• (c) in subsection (6), for the words from “to” to the end of the subsection, substitute

— (a) to comply with the time limit specified in paragraph (a) of subsection (5) above, or (b) to issue a written statement by the date referred to in paragraph (b) of that subsection.

, and

• (d) after subsection (6), insert—

(6A) Where the owner of land, the tenant, the person entitled to the sporting interests or the crofting community body appeals under this section, the owner, tenant, person so entitled or, as the case may be, crofting 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. (6B) The Land Court must send a copy of the written statement of reasons issued under subsection (5) to Ministers. (6C) Failure to comply with subsection (6A) or (6B) has no effect on— (a) the crofting community body's right to buy the land, the tenant's interest or the sporting interests, or (b) the validity of the appeal under this section.

.

Register of Crofting Community Rights to Buy

72

• (1) Section 94 of the 2003 Act (Register of Crofting Community Rights to Buy) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a)—

• (i) at the beginning, insert “ where the crofting community body which has submitted the application is constituted by a company limited by guarantee, ”, and

• (ii) the words from “which” to the end of the paragraph are repealed, and

• (b) after paragraph (a), insert—

(aa) where the crofting community body which has submitted the application is constituted by a Scottish charitable incorporated organisation within the meaning given in section 71(8) (a “SCIO”), the name and address of the principal office of the SCIO, (ab) where the crofting community body which has submitted the application is constituted by a community benefit society as defined in section 71(8), the name and address of the registered office of the society,

.

• (3) After subsection (2), insert—

(2A) Subsection (2B) applies where— (a) a crofting community body changes its name, (b) a crofting community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office, or (c) a crofting community body which is constituted by a SCIO changes the address of its principal office. (2B) The crofting community body must, as soon as reasonably practicable after the change is made, notify the Crofting Commission of the change.

.

• (4) After subsection (3), insert—

(3A) If the crofting community body registering an application requires that any such information or document relating to that application and falling within subsection (3B) as is specified in the requirement be withheld from public inspection, that information or document is to be kept by or on behalf of Ministers separately from and not entered in the crofting register. (3B) Information or a document falls within this subsection if it relates to arrangements for the raising or expenditure of money to enable the land to which the application relates to be put to a particular use. (3C) Nothing in subsection (3A) or (3B) obliges an applicant crofting community body, or empowers Ministers to require such a body, to submit to Ministers any information or document within subsection (3B).

.

Meaning of creditor in standard security with right to sell

73

After section 97 of the 2003 Act, insert—

(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.

.

Abandoned, neglected and detrimental land

Abandoned, neglected and detrimental land

74

After section 97A of the 2003 Act, insert—