(1)Ministers shall not decide that a community interest is to be entered in the Register unless they are satisfied—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)that [F2the acquisition of the land by the community body to which the application relates is compatible with furthering the achievement of sustainable development, and that]—
(i)a significant number of the members of the community F3... have a F4... connection with the land; F5...
(ii)the land is sufficiently near to land with which those members of [F6the] community have a F7... connection F8...;
[F9(iii)where the community body is a body mentioned in section 34(A1)(a), the land is in or sufficiently near to the area of the community by reference to which the community is defined as mentioned in section 34(5)(a), or
(iv)where the community body is a body mentioned in section 34(A1)(b), the land is in or sufficiently near to the area of the community to which the body relates,]
(c)where the land is salmon fishings or mineral rights, that the community body—
(i)has registered or is registering an interest in; or
(ii)has acquired or is acquiring,
other land containing or contiguous to the waters in which those salmon fishings exist or the land in which those mineral rights are exigible;
(d)that there is within the community a level of support sufficient to justify such registration; and
(e)that it is in the public interest that the community interest be so registered.
(2)[F10Subject to subsection (2A) below,] for the purposes of subsection (1)(d) above, Ministers—
(a)shall regard an indication of the approval of one tenth or more of the members of the community; and
(b)may regard an indication of the approval of less than one tenth of those members,
as signifying a sufficient level of support.
[F11(2A)Ministers may not take into account, for the purposes of subsection (2), the approval of a member of the community if the approval was indicated earlier than 6 months before the date on which the application to register the community interest in land to which the approval relates was made.
(2B)Ministers may by regulations amend subsection (2A) so as to substitute for the period of time for the time being specified there a different period of time (not being less than 6 months).]
(3)References in this section to the community are, as respects a community body, references to the community defined in relation to that body under section 34(1)(a)[F12, (1A)(a) or (1B)(a), or where that body is a body mentioned in section 34(A1)(b), the community to which that body relates].
Textual Amendments
F1 S. 38(1)(a) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , s. 142(1) , Sch. 5 ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F2 Words in s. 38(1)(b) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(a)(i) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F3 Words in s. 38(1)(b)(i) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(a)(ii) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F4 Word in s. 38(1)(b)(i) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , s. 142(1) , Sch. 5 ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F5 Word in s. 38(1)(b) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(a)(iii) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F6 Word in s. 38(1)(b)(ii) substituted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(a)(iv) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F7 Word in s. 38(1)(b)(ii) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , s. 142(1) , Sch. 5 ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F8 Words in s. 38(1)(b)(ii) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(a)(v) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F9 S. 38(1)(b)(iii)(iv) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(a)(vi) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F10 Words in s. 38(2) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(b) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F11 S. 38(2A)(2B) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(c) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )
F12 Words in s. 38(3) substituted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 41(d) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )