Explanatory Notes

Land Reform (Scotland) Act 2016

2016 asp 18

22 April 2016

Commentary on Sections

Part 5 – Right to Buy Land to Further Sustainable Development

Key terms

Section 50 – Provisions supplementary to section 49

219.Section 50 sets out the constraints which apply to a Part 5 community body after it has acquired land under Part 5.

220.Subsection (1) provides that a Part 5 community body, which has bought land under Part 5 and still owns that land, must notify Scottish Ministers as soon as possible after any modification it has made to its memorandum, articles of association, constitution or registered rules. Subsection (2) allows Ministers to acquire the land compulsorily if a Part 5 community body, which has bought land under Part 5, would no longer be entitled to buy the land.

221.Subsection (3) provides that Ministers cannot exercise their powers under subsection (2) to acquire the land compulsorily on the basis that the land is no longer eligible land.

222.Subsections (4) and (5) provide that Ministers may set out in regulations provisions relating to the compulsory acquisition of land under this section.