Community Empowerment (Scotland) Act 2015 Explanatory Notes

Right to buy same land exercisable by only one Part 3A community body

235.The new section 97K of the 2003 Act deals with the situation where there is more than one Part 3A community body interested in buying the same land.

236.Subsection (1) provides that only one Part 3A community body may exercise the right to buy that land.

237.Subsection (2) provides where more than one Part 3A community body submits an application seeking to buy the same land, Ministers will decide which application should be allowed to proceed.

238.Subsection (3) provides that Ministers must not take any decision on any of the applications before they have considered all views and responses related to each application.

239.Subsection (4) provides that once Ministers have decided which Part 3A community body’s right to buy application shall be allowed to proceed, the other community body’s right to buy shall be extinguished. It also specifies who must be notified of Ministers’ decision.

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