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Land Reform (Scotland) Act 2003

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This is the original version (as it was originally enacted).

49Procedure following receipt of notice under section 48

This section has no associated Explanatory Notes

(1)On receipt of notification under section 48 above from an owner of land, Ministers shall direct the Keeper to enter particulars of the notification in the Register.

(2)Not later than 7 days after such receipt Ministers shall—

(a)send to the community body which has registered the interest in the land a notice in the prescribed form seeking its confirmation in writing that it will exercise its right to buy the land; and

(b)send to the owner of the land a notice in the prescribed form narrating their compliance with paragraph (a) above.

(3)A notice under subsection (2)(a) above shall specify the date referred to in and narrate the effect of subsection (4) below.

(4)If, by the date specified in the notice, being a date not later than 30 days after it was sent, the community body has not caused its confirmation to be received by Ministers, Ministers shall be deemed to have received written notice from the community body under subsection (1) of section 54 below that it will not exercise its right to buy the land and subsections (2) to (4) of that section shall apply accordingly.

(5)Ministers shall send a copy of—

(a)the notice sent under subsection (2)(a) above; and

(b)any confirmation received by them in pursuance of this section,

to the owner of the land and to the Keeper.

(6)Any failure to comply with the time limit specified in subsection (2) above does not affect the validity of anything done under this section.

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