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Land Reform (Scotland) Act 2003

Section 89:  Compensation

365.This section provides for payment of compensation to anyone who has incurred losses or expenses as a result of an application to exercise the crofting community right to buy. It provides that the compensation will be payable by the crofting community body except where Ministers have refused the application, in which case the compensation will be paid by Ministers.

366.Subsection (1) specifies the circumstances in which eligibility for compensation which can be recovered from the crofting community body will arise.

367.Subsection (2) provides that the crofting community body will not be liable to pay compensation when a crofting community right to buy application is made but is not approved by Ministers.

368.Subsection (3) specifies that in the circumstances covered by subsection (2) compensation for certain losses and expenses can be recovered from Ministers.

369.Subsection (4) provides that Ministers must make an order governing how compensation is to be claimed..

370.Subsection (5) provides that if the parties cannot agree whether compensation is payable or the amount of such compensation within the timescale specified in the order, then either party may refer the matter to the Scottish Land Court.

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