The Community Right to Buy (Scotland) Regulations 2015

Ballot not conducted as prescribed

19.—(1) Ministers may review whether a ballot was conducted in accordance with regulations 15 to 17—

(a) at the request of—

(i) the community body;

(ii) the owner of the land; or

(iii) a creditor in a standard security with a right to sell the land; or

(b) where they have reason to believe that the ballot may not have been conducted in accordance with regulations 15 to 17.

(2) A request to Ministers under paragraph (1)(a) must—

(a) be in writing;

(b) be received by Ministers not later than 21 days after the date on which the ballotter made the notification required under section 52(3)(1) of the Act; and

(c) set out the reasons why the person making the request has reason to believe that the ballot may not have been conducted in accordance with regulations 15 to 17.

(3) Where Ministers decide to review whether a ballot was conducted in accordance with regulations 15 to 17, they must—

(a) send—

(i) where the review is pursuant to a request under paragraph (1)(a), a copy of the request to the persons mentioned in paragraph (1)(a) (other than whichever of those persons made the request under paragraph (1)(a)) and to the ballotter; or

(ii) where Ministers are acting pursuant to paragraph (1)(b), a notice setting out their reasons to the persons mentioned in paragraph (1)(a) and to the ballotter; and

(b) invite those persons to provide them, so as to be received not later than 21 days after the sending of the invitation, views in writing on the request or, as the case may be, the notice.

(4) Ministers must, within 7 days of receiving views sent in accordance with paragraph (3)(b)—

(a) send to the persons mentioned in paragraph (1)(a) and to the ballotter a copy of any views given in response to an invitation under paragraph (3)(b); and

(b) invite those persons to send Ministers, so as to be received not later than 14 days after the sending of the invitation, any further views.

(5) Ministers must, within the period specified in paragraph (6),—

(a) consider—

(i) any written views sent in accordance with paragraphs (3) and (4); and

(ii) any information made available to Ministers by the ballotter in accordance with regulation 18(2);

(b) decide whether the ballot was conducted in accordance with regulations 15 to 17; and

(c) send notification to the persons mentioned in paragraph (1)(a) and the ballotter of their decision and the reasons for their decision.

(6) The period specified in this paragraph is the period of 28 days beginning with the day after the day on which further views must be received by Ministers in accordance with paragraph (4)(b).

(7) Where two or more requests are made under paragraph (1) in relation to the same ballot, Ministers may consider and decide upon those requests together.

(8) If Ministers decide that a ballot has not been conducted in accordance with regulations 15 to 17, a further ballot must be conducted in accordance with regulation 20.

(1)

Section 52(3) is amended by paragraph 8(4)(a) of schedule 4 to the 2015 Act.