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Land Reform (Scotland) Act 2003

Section 79:  Additional land included at request of owner

311.This section deals with the situation where, in response to a crofting community right to buy application, a landowner requests that the crofting community body should also take other land which that landowner owns in addition to the land specified in the application.

312.Subsection (1) provides that, where such a request is made timeously, Ministers may, if they consider it is in the public interest, require that the crofting community body’s application be modified to include such additional land.

313.Subsection (2) provides that Ministers may refer to the Scottish Land Court any matter relating to the question of whether additional land should be included in an application, and must do so if required either by the landowner who made the request or by the crofting community body.

314.Subsection (3) specifies who may make representations to the Court in relation to any matter referred to the Court by Ministers under subsection (2).

315.Subsection (4) requires the Scottish Land Court to report its findings in fact relating to the additional land to Ministers.

316.Subsection (5) requires Ministers to take account of the findings of the Scottish Land Court in reaching their decision as to whether to consent to an application.

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