Land Reform (Scotland) Act 2016

Land Reform (Scotland) Act 2016

2016 asp 18

Commentary on Sections

Part 5 – Right to Buy Land to Further Sustainable Development

Procedure following consent

Section 61 – Effect of Ministers’ decision on right to buy

284. Subsection (1) gives Ministers power to make regulations prohibiting certain persons from transferring or otherwise dealing with the land, or tenant’s interest where appropriate, in respect of which an application under section 54 has been made.

285. Subsection (2) sets out matters that the regulations under subsection (1) may include.

286. Subsection (3) provides that Ministers may make regulations to suspend rights over land in respect of which a Part 5 application has been made.

287. Subsection (4) sets out that these regulations may provide for rights which will not be suspended, as well as rights which will not be suspended in certain circumstances.

288. Subsection (5) provides that nothing in Part 5 prejudices the position of creditors seeking to prevent the disposal of heritable property by a debtor by means of inhibition, action of adjudication or any other diligence.