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Land Reform (Scotland) Act 2003

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This is the original version (as it was originally enacted).

84Effect on other rights of Ministers' decision on right to buy

This section has no associated Explanatory Notes

(1)Any rights of pre-emption, redemption or reversion or deriving from any option to purchase otherwise exercisable over land or sporting interests which are the subject of an application by a crofting community body under this Part of this Act are—

(a)suspended as from the date when Ministers approve the body’s application under section 73 above to buy the land or sporting interests; and

(b)revived—

(i)when the transfer under this Part of this Act of the land or sporting interests to the body is completed; or

(ii)if such a transfer is not completed because the body does not (by virtue of withdrawing, under section 85 below, its application under section 73 above or its confirmation of its intention to proceed to buy or for any other reason) proceed to buy the land or sporting interests.

(2)Any rights which a person has in land which a crofting community body is seeking to buy under this Part of this Act, being rights conferred on the person under—

(a)Part 2 of this Act;

(b)section 12 of the 1993 Act;

(c)the provisions of Part III of the Housing (Scotland) Act 1987 (c. 26) relating to a person’s right to purchase the house of which the person is a tenant,

are suspended as provided in paragraph (a) of subsection (1) above but revived in the circumstances set out in paragraph (b) of that subsection.

(3)Nothing in this Part of this Act—

(a)affects the operation of an inhibition on the sale of the land;

(b)prevents an action of adjudication from proceeding; or

(c)affects the commencement, execution or operation of any other diligence.

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