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

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Decision of Ministers on application for reimbursement

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15.—(1) No later than the expiry of 60 days beginning with the date on which Ministers receive an application for reimbursement under regulation 12(1), Ministers must—(1)

(a)calculate the amount to be reimbursed by—

(i)calculating the expense of conducting the ballot in accordance with paragraphs (2) and (3); and

(ii)subtracting from the total amount any expense that they consider would not have been reasonably incurred in the conduct of the ballot;

(b)notify the Part 3A community body of the amount calculated under sub-paragraph (a) and the reasons for any decisions made in the course of making that calculation; and

(c)pay to the Part 3A community body the amount calculated under sub-paragraph (a), if any amount is to be paid.

(2) When calculating the expense of conducting the ballot, Ministers must disregard that portion of each expense identified in the application that they consider to be—

(a)directly attributable to activities other than those specified in regulation 6; or

(b)incurred retrospectively.

(3) For the purpose of paragraph (2)(b), an expense is incurred retrospectively if it is incurred after the provision of the goods or services to which it relates, where those goods or services were initially provided on a no-cost basis.

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