PART 4COMMUNITY RIGHTS TO BUY LAND

Modifications of Part 2 of Land Reform (Scotland) Act 2003

58Creditors in standard security with right to sell land: appeals

In section 61 of the 2003 Act (appeals)—

(a)

after subsection (3), insert—

“(3A)

A creditor in a standard security with a right to sell land may appeal to the sheriff against—

(a)

a decision by Ministers that a community interest in the land is to be entered in the Register, or

(b)

a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.”,

(b)

in subsection (4), for the words “or (3)”, substitute “ , (3) or (3A) ”, and

(c)

in subsection (6)—

(i)

the word “and” immediately following paragraph (a)(i) is repealed,

(ii)

in paragraph (a), after sub-paragraph (ii), insert“and

(iii)

any creditor in a standard security with a right to sell the land to which the appeal relates;”,

(iii)

the word “and” immediately following paragraph (b)(i) is repealed,

(iv)

for the word “or” immediately following paragraph (b)(ii), substitute“and

(iii)

any creditor in a standard security with a right to sell the land to which the appeal relates;”,

(v)

the word “and” immediately following paragraph (c)(ii) is repealed,

(vi)

in paragraph (c), after sub-paragraph (iii), insert“and

(iv)

any creditor in a standard security with a right to sell the land to which the appeal relates;”, and

(vii)

after paragraph (c), insert“or

(d)

under subsection (3A) above, the creditor must intimate that fact to—

(i)

the community body,

(ii)

the owner, and

(iii)

Ministers.”.