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The Crofting Community Right to Buy (Compensation) (Scotland) Order 2004

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Crofting Community Right to Buy (Compensation) (Scotland) Order 2004 and shall come into force on 15th June 2004.

(2) In this Order–

the Act” means the Land Reform (Scotland) Act 2003;

“the claimant” means any of the persons specified in section 89(1) of the Act.

2.  A claim for compensation made under section 89(1)(a), (b) or (c) of the Act shall be submitted to the crofting community body which is liable to pay the compensation at the registered office of that body.

3.  A claim for compensation made under article 2 shall be submitted within 90 days of–

(a)the final settlement date defined in section 87(2), or such later date as settlement of the purchase is made in terms of section 87(3) or (4);

(b)the date of withdrawal by the crofting community body of its confirmation of its intention to proceed with the purchase under section 85; or

(c)the date on which the crofting community body’s application is treated as withdrawn under section 87(5),

whichever date is the earlier.

4.  A claim for compensation made under section 89(3) of the Act shall be submitted to Ministers within 90 days from the date of notification under section 82 of the refusal by Ministers to grant the crofting community body’s application.

5.  A claim for compensation shall include a statement detailing whether the loss or expense falls within paragraph (a), (b) or (c) of section 89(1), and losses and expenses shall be fully vouched.

6.  Where the claimant and Ministers or the crofting community body, as the case may be, have been unable to agree the amount of compensation within 60 days from the date of submission of the claim, either party may apply to the Land Court to decide the amount of compensation payable in terms of section 89(5) of the Act.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

18th May 2004

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