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

Conduct of ballot

Conduct of ballot

8.—(1) The ballot for the purpose of section 57(1) of the Act (ballot to indicate approval for the purposes of section 56) must be conducted—

(a) in a fair and reasonable manner, and

(b) as a secret postal ballot.

(2) The Part 5 community body must ascertain the persons eligible to vote in the ballot, those persons being members of the community as defined for the purposes of section 49(2)(a), (3)(a), (4)(a) or (5)(a) of the Act as the case may be(1).

(3) The Part 5 community body must send to each person eligible to vote a ballot paper indicating—

(a) the question on which the vote is being taken,

(b) the date and time, being not less than 10 days after the date of posting of the ballot paper to the person, by which the ballot must be returned (“ballot deadline”), and

(c) the information specified in paragraph (4).

(4) The Part 5 community body must send to each person eligible to vote—

(a) a description of—

(i) the land subject to an application under section 54 of the Act, or

(ii) the land to which the tenant’s interest subject to an application under section 54 relates,

(b) details of any rights or interests in respect of an owner, creditor, third party and, where the ballot is in respect of the proposed purchase of a tenant’s interest, the tenant,

(c) a description of the Part 5 community body’s proposals for the land or, where the application is in respect of a tenant’s interest, the land to which the tenant’s interest relates,

(d) details of how further information may be obtained on the Part 5 community body’s proposals for the land or, where the application is in respect of a tenant’s interest, the land to which the tenant’s interest relates, and other matters relating to the ballot,

(e) the name of any proposed third party purchaser, if applicable,

(f) the name of the Part 5 community body, as it appears in the Part 5 community body’s memorandum and articles of association (or as adopted by a resolution of its members), constitution or registered rules, and

(g) the Part 5 community body’s contact details, including a contact name, postal address, email address and telephone number.

(5) The Part 5 community body must provide each person eligible to vote with a stamped addressed envelope for returning the completed ballot paper.

Proxy votes

9.—(1) A person eligible to vote in the ballot may make a request to the Part 5 community body to be permitted a proxy vote.

(2) The request under paragraph (1) must be made in writing and must—

(a) state the name and address of the eligible voter,

(b) state the name and address of another person who is eligible to vote whom the eligible voter wishes to appoint as a proxy voter,

(c) be signed by the eligible voter who is appointing the proxy voter,

(d) contain a statement confirming that the eligible voter has consulted the proxy and that the proxy is capable and willing to act as a proxy voter, and

(e) be received by the Part 5 community body not later than 1700 hours on the day before the ballot deadline.

(3) The Part 5 community body must permit the proxy vote if the request is made in accordance with this regulation.

(1)

Section 49(9) of the Act sets out how a community is defined for the purposes of section 49(2)(a), (3)(a), (4)(a) or (5)(a) of the Act.