The Community Right to Buy (Abandoned, Neglected or Detrimental Land) (Applications, Ballots and Miscellaneous Provisions) (Scotland) Regulations 2018

PART 4 Miscellaneous matters

Prescribed types of area for defining community

17.—(1) For the purposes of section 97D(9) of the Act, the types of area by reference to which a community is defined are—

(a) an electoral ward;

(b) the area of a community council;

(c) a postcode area;

(d) a postcode district;

(e) a postcode sector;

(f) an island;

(g) a locality delineated on the maps included in the Population Estimates for Settlements and Localities in Scotland, Mid-2016 published on 12th March 2018(1); or

(h) a settlement delineated on the maps included in the Population Estimates for Settlements and Localities in Scotland, Mid-2016 published on 12th March 2018.

(2) In this regulation—

“electoral ward” means a ward within the meaning of section 1 of the Local Governance (Scotland) Act 2004(2);

“area of a community council” means an area of a community council established in accordance with Part IV of the Local Government (Scotland) Act 1973(3);

“postcode area” means an area that—

(a)

is given a unique alphabetic coding to facilitate the delivering of mail; and

(b)

is identified by one or two alphabetical characters at the start of the full postcode, the letters being derived from a town, city or district falling within that postcode area;

“postcode district” means a sub-area of a postcode area and is identified by the characters within the first half of a full postcode, which may be numeric, alphabetic or alpha-numeric; and

“postcode sector” means a sub-area of a postcode district and is identified by the postcode district, the single space and the first character of the second half of the postcode unit.

Charges for copies of entries in register

18.—(1) The charges for copies of entries in the Register of Applications by Community Bodies to Buy Land kept under section 52(1) of the Land Reform (Scotland) Act 2016(4) (register of applications by community bodies to buy land) are—

(a) £30 for an extract of registration or colour plan; and

(b) £16 for a plain copy of registration or black and white plan.

(2) The amounts specified in paragraph (1) are subject to the addition of VAT.

Grant towards liability for compensation

19.—(1) An application for a grant under section 97U of the Act (grants towards Part 3A community bodies’ liabilities to pay compensation) must—

(a) be in the form specified in schedule 5; and

(b) include information of the kind specified in that schedule.

(2) An application for a grant under paragraph (1) must be submitted to Ministers within the period of 90 days beginning with—

(a) the date on which the Part 3A community body and the claimant agreed the amount of compensation payable; or

(b) the date on which the Lands Tribunal determined a question referred to it under section 97T(5) of the Act (compensation) as to the amount, if any, of compensation payable.

(3) Ministers must—

(a) acknowledge receipt of an application for a grant made in accordance with paragraph (1) within 7 days of receiving it; and

(b) issue their decision on an application for the grant within the period of 28 days beginning with the date that they received it.

(1)

A National Statistics publication, available via the following weblink: https://www.nrscotland.gov.uk/news/2018/population-estimates-for-settlements-and-localities-mid-2016.

(2)

2004 asp 9.

(3)

1973 c.65. Section 51 is amended by the Local Government etc. (Scotland) Act 1994 (c.39), schedule 14. Section 53 is amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23), section 25 and schedules 2 and 4.

(4)

2016 asp 18.