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The Community Right to Buy (Scotland) Regulations 2015

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Conduct of further ballot

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20.—(1) Subject to paragraphs (2) and (3), if, by virtue of regulation 19(8), a further ballot must be conducted, that further ballot must be conducted by a ballotter in accordance with the requirements of regulations 15, 16 and 17(1).

(2) In any case where Ministers have given their consent in writing under section 35(1)(1) of the Act, Ministers must provide a copy of the community body’s modified memorandum, articles of association, constitution or registered rules not later than 14 days after the date on which Ministers sent notification in accordance with regulation 19(5)(c).

(3) Within 14 days from the date on which Ministers sent notification in accordance with regulation 19(5)(c), the community body must provide to the ballotter the following information—

(a)the name of the community body;

(b)the company number, registration number or charity number of the community body as the case may be;

(c)the contact details for the community body;

(d)a description of the land and any salmon fishings or mineral rights in relation to which the community body is exercising its right to buy;

(e)details of the community body’s proposals for use of the land in relation to which it is exercising its right to buy;

(f)details of where copies of the community body’s proposals can be obtained by members of the community; and

(g)the assessed value of the land and any moveable property which has been valued as notified to the community body by the valuer in accordance with section 60(2) of the Act.

(4) The ballotter must, within the period specified in paragraph (5), notify Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of—

(a)the name of the community body;

(b)the date of the further ballot;

(c)the result of the further ballot, including how many votes were spoilt;

(d)the number of persons eligible to vote;

(e)the number of persons eligible to vote who voted, including details of the number of proxy votes cast;

(f)the number of persons eligible to vote who voted in favour of the proposition that the community body buy the land;

(g)the wording of that proposition; and

(h)details of any information provided by the ballotter to persons eligible to vote in the further ballot.

(5) The period specified in this paragraph is 35 days from the date on which Ministers sent notification in accordance with regulation 19(5)(c).

(6) The expenses of any further ballot conducted in accordance with this regulation are to be met by Ministers.

(7) In relation to a further ballot conducted in accordance with this regulation, the ballotter must retain—

(a)all information provided to the ballotter by the community body in accordance with paragraph (3);

(b)all completed ballot papers from the further ballot conducted in accordance with this regulation;

(c)evidence of sending the ballot papers from the further ballot conducted in accordance with this regulation to those persons eligible to vote;

(d)all requests for a proxy vote made under regulation 16(1) in relation to the further ballot conducted in accordance with this regulation; and

(e)a record of all proxy votes permitted in accordance with regulation 16(3) in relation to the further ballot conducted in accordance with this regulation;

for a period of 2 years after the date by which the ballot papers must be returned in accordance with regulation 15(3)(c) in any further ballot conducted in accordance with this regulation.

(8) Within 28 days of receipt of a request, the ballotter must make available any information, ballot papers, evidence, requests or records mentioned in paragraph (7) for inspection by—

(a)Ministers; or

(b)any person with a right of appeal under section 61(2) of the Act.

(1)

Section 35(1) is amended by section 38(3) of the 2015 Act.

(2)

Section 61 is amended by section 58 of, and schedule 5 to, the 2015 Act.

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