PART 2A

Sale where landlord in breach

Sale to third party

Procedure for sale to third party
38M
1
The Scottish Ministers may by regulations make further provision about the sale of land in relation to which the Land Court has, under section 38L, varied an order for sale to allow the land to be offered for sale on the open market.
2
Regulations under subsection (1) may in particular include provision about—
a
the appointment of a person to sell the land,
b
the valuation of the land (including the appointment of a valuer, who need not be a different person to the person appointed to sell the land),
c
the procedure for the sale of the land (including sale by private bargain or by public roup),
d
the period within which the land is to be sold (including provision for applications to the Land Court to extend such a period),
e
the persons to whom the land cannot be sold,
f
the powers of the person appointed to sell the land, including powers to adjust, execute or deliver any deeds or other documents necessary to complete the transfer of ownership of the land,
g
the duties of the person appointed to sell the land, which must include—
i
a duty to ensure that the price at which the land is sold is the best that can reasonably be obtained, and
ii
a duty to compensate any person who incurs a loss caused as a result of the appointed person's negligence in the sale of the land,
h
the distribution of the proceeds of sale,
i
liability for any expenses incurred by the person appointed to sell or value the land,
j
reports by the person appointed to sell the land to the Land Court,
k
the effect on any rights such as are mentioned in section 38D(3),
l
the effect on any heritable securities which burden the land in respect of which the order for sale has been made,
m
what happens if the land is not sold within a period specified in the regulations.
3
Regulations under subsection (1) may apply the provisions of this Act, that apply to the sale of land comprised in a lease to a tenant by virtue of an order for sale, to the sale of such land on the open market, with or without modifications.
4
Regulations under subsection (1) may modify any enactment (including this Act).
Pt. 2A inserted (23.12.2016 for specified purposes) by Land Reform (Scotland) Act 2016 (asp 18), ss. 100(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.