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Land Reform (Scotland) Act 2016

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This is the original version (as it was originally enacted).

62Confirmation of intention to proceed with purchase and withdrawal

This section has no associated Explanatory Notes

(1)Where an application made under section 54 does not nominate a third party purchaser, the right to buy of a Part 5 community body is exercisable only if, within 21 days of the date of receiving notice of assessed value under section 65(13), the Part 5 community body sends notice confirming intention to proceed to buy the land or, as the case may be, tenant’s interest to—

(a)the Scottish Ministers,

(b)the owner of the land, and

(c)where the application is to buy a tenant’s interest, the tenant.

(2)Where an application made under section 54 nominates a third party purchaser, the right to buy is exercisable only if, within 21 days of the date of receiving notice under section 65(13), both the third party purchaser and the Part 5 community body which nominated the third party purchaser send notice confirming intention to proceed to buy the land or, as the case may be, tenant’s interest to—

(a)the Scottish Ministers,

(b)the owner of the land, and

(c)where the application is to buy a tenant’s interest, the tenant.

(3)Where an application made under section 54 does not nominate a third party purchaser—

(a)at any time until receiving notice under section 65(13) a Part 5 community body may withdraw an application under section 54 by giving the Scottish Ministers notice in writing to that effect,

(b)at any time after receiving notice under section 65(13), the Part 5 community body may withdraw a confirmation of intention to proceed made under this section by giving the Scottish Ministers notice in writing to that effect.

(4)Where an application nominates a third party purchaser—

(a)at any time until receiving notice under section 65(13), only the Part 5 community body which nominated the third party purchaser may withdraw an application under section 54 by giving the Scottish Ministers notice in writing to that effect,

(b)at any time after receiving notice under section 65(13), either the third party purchaser or the Part 5 community body which nominated the third party purchaser may withdraw a confirmation of intention to proceed made under this section by giving the Scottish Ministers notice in writing to that effect.

(5)The Scottish Ministers must, within 7 days of receipt of notice under subsection (1), (2), (3)(a) or (b) or (4)(a) or (b), acknowledge receipt and send a copy of that acknowledgement to—

(a)the Keeper,

(b)the owner of the land, and

(c)where the application is to buy a tenant’s interest, the tenant.

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