Part 2

The community right to buy
Chapter 4

Procedure after activation of right to buy

Powers of Lands Tribunal in event of failure or delay
57
1
If, on application made to it by the owner of the land or the community body, the Lands Tribunal is satisfied that, following the making of an offer in pursuance of section 56 above, the owner of the land or the community body has unreasonably delayed the progress of transferring title to the land to the community body, the Tribunal may order the owner of the land or, as the case may be, the community body to take such remedial action as is specified in the order and to do so within such time as is so specified.
2
If a community body—
a
fails to comply with an order under subsection (1) above; and
b
has not, within the time in which remedial action specified in such order is required to be taken, given notice under section 54 above to Ministers that it no longer wishes to exercise its right to buy the land,
the Lands Tribunal may make an order extinguishing its right to buy the land and, where the Tribunal makes such an order, it shall send a copy of the order to Ministers and the owner of the land.
3
Ministers shall, if an order is made under subsection (2) above—
a
direct the Keeper to delete the community body’s interest from the Register; and
b
notify the owner of the land of that fact.
4
If an owner of land—
a
fails to comply with an order under subsection (1) above; and
b
has not, within the time in which remedial action specified in such order is required to be taken, given notice under section 54 above to Ministers and the community body that the owner of the land no longer wishes to proceed with the transfer of the land,
the Lands Tribunal may make an order authorising the community body to acquire the land subject to such terms and conditions as may be specified in the order and requiring the owner of the land to transfer the land to the community body in accordance with such terms and conditions.
5
If an owner of land refuses or fails to effect a transfer of land in pursuance of an order under subsection (4) above in accordance with such terms and conditions as may be specified in the order, the Lands Tribunal may authorise its principal clerk to adjust, execute and deliver such deeds or other documents as are necessary to complete the transfer to the like force and effect as if the owner had acted in the manner required by the order.
6
Where an application under subsection (1) is made by the owner of the land or the community body, the owner or, as the case may be, the community body must, within 7 days of the date on which the application is made, notify Ministers in writing of—
a
the making of the application, and
b
the date of making the application.
7
Failure to comply with the requirement in subsection (2) to send a copy of the order made under that subsection, or with subsection (6), has no effect on—
a
the community body's right to buy the land, or
b
the validity of the application under subsection (1).
S. 57(6)(7) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 55, 142(1); S.S.I. 2015/399, art. 2, Sch. (with art. 3)