The Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020

PART 3 Written request to an owner or tenant under section 56 of the Act

Written request to an owner or tenant under section 56 of the Act

5.  A written request—

(a) to the owner of the land for the purpose of section 56(3)(a) of the Act (right to buy: Ministers’ decision on application), or

(b) to the tenant for the purpose of section 56(7)(a) of the Act,

must be in the form specified in schedule 2.

Response from the owner of the land

6.  A response from the owner of the land to a request sent for the purpose of section 56(3)(a) of the Act must be in the form specified in Part B of schedule 2.

Circumstances in which the owner of the land is taken not to have responded or agreed to the request

7.—(1) The owner of the land is to be taken—

(a) not to have responded to a request sent for the purpose of section 56(3)(a) of the Act in the circumstances specified in paragraph (2), or

(b) not to have agreed to a request sent for the purpose of section 56(3)(a) of the Act in the circumstances specified in paragraph (3).

(2) The owner of the land is taken not to have responded to a request if they have not returned Part B of the form in schedule 2 to the Part 5 community body within the period of 6 months beginning on the date of receipt of Part A of the form in schedule 2.

(3) The owner of the land is taken not to have agreed to a request if—

(a) they have chosen Option 2 or Option 3 in Part B of the form in schedule 2,

(b) they have chosen Option 1 in Part B of the form in schedule 2, but within the period of 6 months beginning on the date of receipt of Part A of the form in that schedule they have not concluded missives with the Part 5 community body or, as the case may be, the third party purchaser or,

(c) they have left Part B of the form in schedule 2 blank or spoiled it.