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the word “and” immediately following paragraph (a)(i) is repealed,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the word “and” immediately following paragraph (b)(i) is repealed,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the word “and” immediately following paragraph (c)(ii) is repealed,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.”.