Part 3

The crofting community right to buy
Chapter 1

General extent of crofting community right to buy

Provisions supplementary to section 71
72
1
A crofting community body which has bought land under this Part of this Act shall not, for as long as the land remains in its ownership, modify its memorandum , articles of association, constitution or registered rules (as defined in section 71(8)) without Ministers' consent in writing.
2
If Ministers are satisfied that a body which has so bought land would, had it not so bought that land, no longer be entitled to do so, they may acquire the land compulsorily.
3
Subsection (2) does not apply if the crofting community body would no longer be entitled to buy the land because the land is not eligible croft land.
4
Where the power conferred by subsection (2) is (or is to be) exercised in relation to land, Ministers may make an order relating to, or to matters connected with, the acquisition of the land.
5
An order under subsection (4) may—
a
apply, modify or exclude any enactment which relates to any matter as to which an order could be made under that subsection,
b
make such modifications of enactments as appear to Ministers to be necessary or expedient in consequence of any provision of the order or otherwise in connection with the order.
S. 72(3)-(5) inserted (16.12.2016 for specified purposes, 24.2.2021 in so far as not already in force) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 63(b), 142(1); S.S.I. 2016/394, art. 2, sch.; S.S.I. 2020/448, art. 2 (with art. 3)
Words in s. 72(1) substituted (16.12.2016 for specified purposes) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 63(a), 142(1); S.S.I. 2016/394, art. 2, sch.