PART 5Right to buy land to further sustainable development

Key terms

I148Eligible land: tenant's interests

1

This section applies where a tenancy which is not—

a

a croft tenancy,

b

the tenancy of a dwelling-house, or

c

such other kind of tenancy as the Scottish Ministers may by regulations specify,

has been created over land at least part of which is eligible land.

2

In this section—

  • principal subjects” means eligible land any part of which is the tenanted land,

  • tenanted land” means the land over which the tenancy has been created.

3

Where this section applies, a Part 5 community body may apply, under section 54, to buy the interest mentioned in subsection (4)—

a

where—

i

it is simultaneously applying, or

ii

it has made an application in respect of which the Scottish Ministers have not made a decision,

to buy the principal subjects, or

b

if the conditions set out in subsection (5) are met, during the relevant period.

4

The interest is the interest of the tenant over so much of the tenanted land as is comprised within the principal subjects.

5

The conditions are that the Part 5 community body or, as the case may be, the third party purchaser—

a

has provided confirmation under section 62(1) or, as the case may be, (2) of its intention to proceed to buy the principal subjects, or

b

has bought and retained those subjects in accordance with the provisions of this Part.

6

In this section “relevant period” means the period beginning with the date on which the Scottish Ministers consented to the application under section 54 to buy the principal subjects and ending—

a

where the Part 5 community body or, as the case may be, the third party purchaser does not proceed to exercise its right to buy those subjects, on the date—

i

on which it withdraws, under section 62(3)(b) or, as the case may be, (4)(b), its confirmation so to proceed, or

ii

of its failure otherwise to complete the purchase, or

b

where the Part 5 community body or, as the case may be, the third party purchaser has bought and retained those subjects, 5 years after the date on which the Part 5 community body or the third party purchaser bought those subjects.

7

In this Part “tenant” includes sub-tenant.