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

Scottish Statutory Instruments

2009 No. 156

LAND REFORM

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

Made

23rd April 2009

Laid before the Scottish Parliament

24th April 2009

Coming into force

15th June 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 37, 48 and 49 of the Land Reform (Scotland) Act 2003(1), and all other powers enabling them to do so.

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(2) are revoked.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd April 2009

Regulation 2

SCHEDULE 1

Regulation 3

SCHEDULE 2

Notice to be affixed to land under section 37(4) of the Land Reform (Scotland) Act 2003

Regulation 4

SCHEDULE 3

Notice by the Scottish Ministers under section 37(17) of the Land Reform (Scotland) Act 2003

Regulation 5

SCHEDULE 4

Notice by an owner or creditor to a community body and the Scottish Ministers under section 48(1) of the Land Reform (Scotland) Act 2003

Regulation 6

SCHEDULE 5

Notice by the Scottish Ministers to a community body under section 49(2)(a) of the Land Reform (Scotland) Act 2003

Regulation 6

SCHEDULE 6

Notice by the Scottish Ministers to an owner of land under section 49(2)(b) of the Land Reform (Scotland) Act 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the form of application and notices which must be used in connection with various procedures under Part 2 (Community Right to Buy) of the Land Reform (Scotland) Act 2003 (“the Act”). In particular, the Regulations prescribe in Schedule 1, the new form of application to be completed by a community body where it wishes to re register an interest in land.

Regulation 2 specifies that an application by a community body to register or re-register an interest in land under section 37(1) of the Act should be in or as near as may be in the form of application specified in Schedule 1.

Regulation 3 prescribes the form of notice which must be used by a community body where the owner of land in which a community interest is sought to be registered or re registered, or a creditor in a standard security over any part of that land, may be unknown or cannot be found. The notice must be affixed to a part of the land and its prescribed form is specified in Schedule 2.

Regulation 4 and Schedule 3 specify the form of notice which must be used by the Scottish Ministers when they are intimating their decision on whether or not a community interest is to be entered or re entered in the Register of Community Interests in Land.

Regulation 5 and Schedule 4 prescribe the form of notice which must be given to a community body and the Scottish Ministers by the owner of land, or a creditor in a standard security over that land, under section 48 of the Act where a transfer of the land is proposed.

Regulation 6 prescribes the form of notices to be given by the Scottish Ministers to a community body and to the owner of the land following receipt of a notice under section 48 of the Act. The form of these notices is specified in Schedules 5 and 6 respectively.

(1)

2003 asp 2. Section 98(1) of the Act contains definitions of “Ministers” and “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.S.I. 2004/233.