Land Reform (Scotland) Act 2003 Explanatory Notes

Section 81:  Reference to Land Court of questions on applications

318.Subsection (1) allows Ministers and certain other persons with an interest in land to which a crofting community body’s application relates to refer any question arising in connection with the application to the Scottish Land Court before Ministers decide the application.

319.Subsection (2) provides that in considering any question referred to it under this section the Scottish Land Court may have regard to representations made by the crofting community body, the owner and anyone else who in the opinion of the Scottish Land Court appears to have an interest.

320.Subsection (3) provides that following referral the Scottish Land Court will convey its findings to Ministers and may make an order setting out conditions which Ministers must impose if they consent to the crofting community right to buy application.

321.Subsection (4) gives the Scottish Land Court power to refuse to consider any reference made under the provisions of subsection (1) that it considers to be irrelevant.

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