Part 2

The community right to buy
Chapter 4

Procedure after activation of right to buy

Ballot procedure
52
1
The ballot shall be conducted as prescribed; and the provisions prescribed shall include provision for the ascertainment and publication of the number of persons eligible to vote in the ballot, the number who did so and the numbers of valid votes respectively cast for and against the proposition mentioned in section 51(2)(b) above.
2
If the ballot is not so conducted, the right to buy of the community body conducting it is extinguished.
3
The ballotter appointed under section 51A shall, within the period set out in subsection (4) below and in the prescribed form of return, notify Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of—
a
the result;
b
the number of persons eligible to vote;
c
the number who voted; ...
d
the number who voted in favour of the proposition mentioned in section 51(2)(b) above,
e
the wording of that proposition, and
f
any information provided by the ballotter to persons eligible to vote in the ballot.
...
4
The period referred to in subsection (3) above is the period of 28 days beginning with the date—
a
when the valuer notified the community body under section 60(2) below of the assessed value of the land and any moveable property; or
b
where the price assessed by the appointed valuer is the subject of appeal, the date on which the price is determined on appeal as mentioned in subsection (2) of section 56 below or settled as mentioned in subsection (2)(a) of that section.
7
Provision may be prescribed for or in connection with—
a
reviewing whether a ballot was conducted in accordance with provision prescribed under subsection (1),
b
providing notification to such persons, or description of persons, as may be prescribed that a ballot has not been so conducted,
c
in a case where a ballot has not been so conducted, requiring a further ballot to be conducted on such a basis, and by such persons or description of persons, as may be prescribed,
d
requiring any such further ballot to be conducted—
i
in compliance with such conditions as may be prescribed (including conditions that the ballot be conducted in accordance with provision prescribed under subsection (1)),
ii
within such timescales as may be prescribed,
e
specifying persons, or descriptions of persons, who are to meet the expenses of conducting any such further ballot,
f
specifying that any review mentioned in paragraph (a) be carried out by—
i
such persons,
ii
such description of persons, or
iii
such a court or tribunal,
as may be prescribed,
g
specifying the action that may be taken by such persons, persons of such description or such a court or tribunal following such a review.
Words in s. 52(3) substituted (13.11.2015 for specified purposes) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), Sch. 4 para. 8(4)(a)(i); S.S.I. 2015/358, art. 2, Sch.
Words in s. 52(3) inserted (13.11.2015 for specified purposes) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), Sch. 4 para. 8(4)(a)(ii); S.S.I. 2015/358, art. 2, Sch.
Word in s. 52(3) repealed (13.11.2015 for specified purposes) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), Sch. 4 para. 8(4)(a)(iii); S.S.I. 2015/358, art. 2, Sch.
Words in s. 52(3) repealed (13.11.2015 for specified purposes) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), Sch. 4 para. 8(4)(a)(v); S.S.I. 2015/358, art. 2, Sch.
S. 52(3)(e)(f) inserted (13.11.2015 for specified purposes) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), Sch. 4 para. 8(4)(a)(iv); S.S.I. 2015/358, art. 2, Sch.
S. 52(7) inserted (13.11.2015 for specified purposes) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 52, 142(1); S.S.I. 2015/358, art. 2, Sch.