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Agricultural Holdings (Scotland) Act 2003

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29Exercise of right to buyS

This section has no associated Explanatory Notes

(1)Where a tenant has a right to buy land under section 28(1), the tenant may proceed in accordance with section 32 to buy the land from the owner or, as the case may be, the creditor provided that notice is given under subsection (2).

(2)Notice is given under this subsection if the tenant, within 28 days of receipt of the notice under section 26, gives notice to the owner or, as the case may be, the creditor that the tenant intends to buy the land.

(3)Where a tenant has a right to buy under section 28(2), the tenant may proceed in accordance with section 32 to buy the land from the person to whom the land has been transferred or subsequently transferred provided that notice is given under subsection (4).

(4)Notice is given under this subsection if—

(a)the tenant gives notice to that person that the tenant intends to buy the land; and

(b)the notice is given within three years from the transfer to that person,

and the tenancy is in force on the date on which the notice is given.

(5)If, at any time, the tenant does not intend to proceed, in accordance with section 32, to buy the land, the tenant is to give notice of that fact to the person from whom the land would otherwise have been bought.

(6)Where the tenant—

(a)does not give notice in accordance with subsection (2) or, as the case may be, (4); or

(b)gives notice under subsection (5),

the right to buy is extinguished.

(7)A tenant giving any notice under this section must send a copy of the notice to the Keeper.

Commencement Information

I1S. 29 in force at 15.12.2004 by S.S.I. 2004/511, art. 2

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