Land Reform (Scotland) Act 2003

Land Reform (Scotland) Act 2003

2003 asp 2

The Act – an Overview

Part 2 the Community Right to Buy

 Section 35:  Provisions Supplementary to Section 34

134. Subsection (1) prohibits any community body, which has either registered an interest in land or acquired land under Part 2, from amending its memorandum or articles of association without Ministers’ written consent.

135. Subsection (2) allows Ministers to instruct the deletion from the Register of a registered interest in land where they are satisfied that the community body which registered it no longer satisfies the required criteria (set out in section 34) for being a community body.

136. Subsection (3) provides Ministers with a right of compulsory purchase over land acquired under Part 2. The right arises where Ministers are satisfied that the body which bought the land would, were it seeking to buy the land at a later date, not be entitled to buy it under Part 2. Any such acquisition will, by virtue of the amendment made to the Acquisition of Land (Authorisation of Procedure)(Scotland) Act 1947 (c.42) by paragraph 2 of Schedule 2 to this Act, be carried out in accordance with the procedures set out in that Act.