The Community Right to Buy (Prescribed Form of Application and Notices) (Scotland) Regulations 2009

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Right to Buy (Prescribed Form of Application and Notices) (Scotland) Regulations 2009 and come into force on 15th June 2009.

(2) In these Regulations–

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

Application to register or to re register an interest in land

2.  An application by a community body under section 37(1) of the Act–

(a) to register an interest in land; or

(b) (as read with section 44(2) of the Act), to re-register an interest in land,

shall be submitted to Ministers in, or as near as may be in, the form of application specified in Schedule 1.

Notice where owner or creditor may be unknown

3.  For the purposes of satisfying Ministers that an owner of land in which a community interest is sought to be registered or re registered or, as the case may be, a creditor in a standard security over any part of that land, is unknown or cannot be found, the notice which the community body is required to affix to the land in terms of section 37(4) of the Act shall be in, or as near as may be in, the form of notice specified in Schedule 2.

Notice by Ministers on whether community interest is to be registered or re registered

4.  The notice specified in section 37(17) of the Act intimating the decision of Ministers whether or not a community interest is to be entered or re entered in the Register of Community Interests in Land shall be in, or as near as may be in, the form of notice specified in Schedule 3.

Notice by owner or creditor of proposed transfer of land

5.  Where an owner of land, or a creditor in a standard security, is required under section 48 of the Act to notify a community body and Ministers of a proposed transfer of land, the notification shall be in, or as near as may be in, the form of notice specified in Schedule 4.

Notices following receipt of a notice under section 48 of the Act

6.  The notices required to be sent by Ministers under section 49(2)(a) (notice seeking confirmation of exercise of right to buy) and (2)(b) (notice narrating compliance) of the Act shall be in, or as near as may be in, the forms of notice specified in Schedules 5 and 6 respectively.

Revocation

7.  The Community Right to Buy (Forms) (Scotland) Regulations 2004(1) are revoked.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd April 2009