Explanatory Notes

Land Reform (Scotland) Act 2003

2003 asp 2

25 February 2003

The Act – an Overview

Part 3 the Crofting Community Right to Buy

Section 72:  Provisions supplementary to section 71

265.This section specifies the constraints which apply to a crofting community body after it has acquired land under the legislation, the sanction for non-compliance and the basis on which that sanction will be applied.

266.Subsection (1) prohibits any crofting community body, which has acquired land under Part 3 and continues to own that land, from amending its memorandum or articles of association except with the consent of Ministers.

267.Subsection (2) allows Ministers to acquire land from a crofting community body, by means of compulsory purchase, where the body has purchased land under Part 3 but no longer meets the criteria which would qualify it to exercise a crofting community right to buy that land.