The Community Right to Buy (Compensation) (Scotland) Regulations 2004

Citation, commencement and interpretation

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

(2) In these Regulations–

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

“Ministers” means the Scottish Ministers.

2.  A claim for compensation made under section 63(1) of the Act shall be submitted to the Ministers within the time limit specified in regulation 3.

3.—(1) A claim made under paragraph (a) of section 63(1) of the Act shall be made within 90 days of the last act or event which occurred as a result of compliance with the procedural requirements of Part 2 of the Act and which gave rise to part or all of the claim.

(2) A claim made under paragraph (b) of section 63(1) of the Act shall be made within 90 days of–

(a) the date on which the community body gave notice under section 54 of the Act in compliance with an order of the Lands Tribunal under section 57 that it no longer wished to exercise its right to buy the land; or

(b) the date on which the Lands Tribunal made an order extinguishing the right to buy the land under section 57(2),

whichever is the later date.

(3) A claim made under paragraph (c) of section 63(1) of the Act shall be made within 90 days of the date on which Ministers determine whether a community interest in land is to be registered in accordance with section 37.

(4) A claim made under paragraph (d) of section 63(1) of the Act shall be made within 90 days of the date of payment of the price in terms of section 56(3)(a) or (b).

(5) In the event of a claim for loss or expense being made under more than one of the preceding paragraphs, the period of 90 days shall run from the latest date specified in a paragraph which is relevant to the claim.

4.  A claim for compensation shall include a statement detailing under which paragraph or paragraphs of section 63(1) of the Act the loss or expense falls, and losses or expenses shall be fully vouched.

5.  The person making a claim under section 63(1) of the Act shall be informed of the amount of compensation payable, as determined by Ministers, within 40 days of the submission of a claim.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

18th May 2004