Explanatory Notes

Land Reform (Scotland) Act 2003

2003 asp 2

25 February 2003

The Act – an Overview

Part 2 the Community Right to Buy

Section 51:  Exercise of right to buy: approval of community and consent of Ministers

181.Subsection (1) requires a community body which wishes to proceed to exercise a right to buy activated under section 47 to obtain the approval of the community which it represents and the consent of Ministers.

182.Subsection (2) provides that community approval is taken to be given if the majority of the members of the community vote, in a ballot held in accordance with section 52, in favour of the proposition (provided that at least half of those eligible to vote do so or, where less than half vote, a sufficient number to justify the community purchase do so).

183.Subsection (3) states the conditions that must be met before Ministers may give their consent.

184.Subsection (4) allows community bodies to require Ministers to treat information regarding financial arrangements provided to them as confidential.

185.Subsection (5) requires Ministers to notify, within 21 days of the last ballot by a community body which wished to exercise its right to buy, the community body and the owner of the land with their decision on whether to give consent. They must direct that their decision be recorded in the Register.