Community Empowerment (Scotland) Act 2015

91 Effect of offers on appeals and reviews S

(1) Subsection (2) applies where—

(a) a community transfer body makes an asset transfer request to a relevant authority,

(b) the relevant authority agrees to the request as mentioned in section 85(1)(b), 86(1)(b)(ii), 87(1)(b)(ii) or 88(1)(b),

(c) the community transfer body makes an offer as mentioned in section 83(2), and

(d) the offer has not been withdrawn.

(2) The community transfer body may not—

(a) make an appeal under section 85 or 88, or

(b) apply for a review under section 86 or 87.

(3) Where an offer as mentioned in section 83(2) is made by a community transfer body after the body has made an appeal, or applied for a review, as mentioned in subsection (2), the appeal or (as the case may be) application for review is to be treated as having been withdrawn by the body.

(4) A reference in this section to—

(a) section 83(2) includes a reference to that section as applied—

(i) by section 86(9) and 87(9), and

(ii) by virtue of section 89(2),

(b) section 85 includes a reference to that section as applied by section 88(3),

(c) section 86 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89.

Commencement Information

I1 S. 91 in force at 23.1.2017 by S.S.I. 2016/363, art. 3(b)