Part 2

The community right to buy
Chapter 2

Registration of interests

Criteria for registration
38
1
Ministers shall not decide that a community interest is to be entered in the Register unless they are satisfied—
a
that the land is registrable land;
b
that—
i
a significant number of the members of the community defined under section 34(1)(a) above have a substantial connection with the land; or
ii
the land is sufficiently near to land with which those members of that community have a substantial connection and that its acquisition by the community body is compatible with furthering the achievement of sustainable development;
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
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.
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) above.