PART 5

Right to buy land to further sustainable development

Key terms

Eligible land: tenant's interests
48
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.
S. 48 in force at 26.4.2020 by S.S.I. 2020/20, reg. 2, sch.