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

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.