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Land Reform (Scotland) Act 2003

Section 84:  Effect on other rights of Ministers’ decision on right to buy

331.Subsection (1) provides that the crofting community right to buy has an effect on pre‑existing rights of pre-emption, redemption or reversion or any option to purchase. It provides that these rights shall be suspended if Ministers approve a right to buy and revived when the transfer under the crofting community right to buy has been completed. It also provides that if the transfer is not completed, either because the crofting community body decides not to proceed to buy the land or it withdraws its confirmation of its intention to proceed, then the suspension of rights is lifted and these rights are revived.

332.Subsection (2) identifies statutory rights which are suspended and revived in the same way as the rights described in subsection (1).

333.Subsection (3) provides that nothing in Part 3 prejudices the position of creditors seeking to prevent the disposal of heritable property by a debtor by means of inhibition, action of adjudication or any other diligence.

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