Part 2The community right to buy
Chapter 6Appeals
61Appeals
1
An owner of land may, by summary application, appeal to the sheriff against—
a
a decision by Ministers that a community interest in the land is to be entered in the Register; or
b
a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.
2
A community body may, by summary application, appeal to the sheriff against—
a
a decision by Ministers that its community interest is not to be entered in the Register; or
b
a decision by Ministers not to give consent to the exercise by the community body of its right to buy.
3
A person who is a member of a community F11... F12... may, by summary application, appeal to the sheriff against—
a
a decision by Ministers that a community interest in land is to be entered in the Register on the application of the community body; or
b
a decision by Ministers to consent to the exercise of the community body’s right to buy land.
F13A
A creditor in a standard security with a right to sell land may appeal to the sheriff against—
a
a decision by Ministers that a community interest in the land is to be entered in the Register, or
b
a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.
4
An appeal under subsection (1), (2) F2, (3) or (3A) above shall be lodged within 28 days of the date on which Ministers decided whether to enter the community interest or, as the case may be, whether to consent to the exercise of the right to buy land.
5
The sheriff in whose sheriffdom the land or any part of it is situated has jurisdiction to hear an appeal under this section.
6
Where an appeal is made—
a
under subsection (1) above the owner shall intimate that fact to—
i
the community body; F3...
ii
Ministers; F4and
iii
any creditor in a standard security with a right to sell the land to which the appeal relates;
b
under subsection (2) above the community body shall intimate that fact to—
i
the owner; F5...
ii
Ministers; F6and
iii
any creditor in a standard security with a right to sell the land to which the appeal relates;
c
under subsection (3) above the member of the community shall intimate that fact to—
i
the community body;
ii
the owner; F7...
iii
Ministers F8and
iv
any creditor in a standard security with a right to sell the land to which the appeal relates;F9or
d
under subsection (3A) above, the creditor must intimate that fact to—
i
the community body,
ii
the owner, and
iii
Ministers.
7
The decision of the sheriff in an appeal under this section—
a
may require rectification of the Register;
b
may impose conditions upon the appellant;
c
is final.
F108
In this section, references to the community are, as respects a community body, references to—
a
the community defined in relation to that body under section 34(1)(a), (1A)(a) or (1B)(a); or
b
where that body is a body mentioned in section 34(A1)(b), the community to which that body relates.
9
In subsection (3), the references to the community body are to the community body—
a
in relation to which the community is defined as mentioned in subsection (8)(a); or
b
that relates to the community as mentioned in subsection (8)(b).