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The Community Right to Buy (Scotland) Regulations 2015

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PART 9Compensation

Procedure for recovering losses and expenses under section 63 of the Act

22.—(1) A claim for compensation under section 63(1)(a) of the Act in relation to loss or expense incurred in complying with the procedural requirements of Part 2 of the Act must be made within 90 days of the act or event which was last to occur as a result of compliance with those procedural requirements and which gave rise to part or all of the claim.

(2) A claim for compensation under section 63(1)(b) of the Act in relation to loss or expense incurred as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57(1) of the Act must be made within 90 days of—

(a)if at any time following the making of such an order of the Lands Tribunal under section 57(1) of the Act the community body, having failed to comply with the order, gives notice under section 54 of the Act that it no longer wishes to exercise its right to buy the land, the date of that notice; or

(b)in a case where the Lands Tribunal makes an order under section 57(2) of the Act extinguishing the right to buy the land, the date of that order or the date on which any appeal of that order is finally determined or withdrawn.

(3) A claim for compensation under section 63(1)(c) of the Act in relation to loss or expense incurred which is attributable to a prohibition imposed under section 37(5)(e) of the Act must be made within 90 days of the date on which Ministers decide whether a community interest in land is to be registered in accordance with section 37(2) of the Act.

(4) A claim for compensation under section 63(1)(d) of the Act in relation to loss or expense incurred as a result of the operation of section 56(3)(a)(3) or (b) of the Act must be made within 90 days of the date of payment of the price in terms of section 56(3)(a) or (b) of the Act.

(5) In the event of a claim for compensation in relation to loss or expense being made under more than one of paragraphs (1) to (4), the period of 90 days runs from whichever is the latest date applicable by virtue of any of the paragraphs relevant to the claim.

(6) A claim for compensation under section 63(1) of the Act must—

(a)specify under which paragraph or paragraphs of section 63(1) of the Act the loss or expense falls; and

(b)be accompanied by evidence of all losses and expenses incurred.

(7) The person making a claim for compensation under section 63(1) of the Act must be informed of the amount of compensation payable, as determined by Ministers, within 40 days of the submission of a claim that is in accordance with the requirements of this regulation.

(1)

Section 57 is amended by section 55 of the 2015 Act.

(2)

Section 37 is amended by section 40 of, and paragraph 8(2) of schedule 4 to, the 2015 Act.

(3)

Section 56(3)(a) is amended by section 54(a) of the 2015 Act.

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