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 44:  Duration and renewal of registration

168. Subsection (1) provides that a community interest, once registered, shall endure for 5 years from the date of that registration.

169. Subsections (2) and (3) provide that community bodies may apply to Ministers to re‑register their interest at any time during the last 6 months of the 5 year period. Ministers must have regard to the criteria specified in section 38 when considering an application for re‑registration.

170. Subsection (4) provides that re-registration will be effective for 5 years from the date on which the previous registration would have expired.

171. Subsection (5) provides that a registered interest in land will continue over the land, and be effective on the new owner, following an exempt transfer under section 40(4).