Land Reform (Scotland) Act 2003

61 Appeals

(1) An owner of land may, by summary application, appeal to the sheriff against—

(a) a decision by Ministers that a community interest in the land is to be entered in the Register; or

(b) a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.

(2) A community body may, by summary application, appeal to the sheriff against—

(a) a decision by Ministers that its community interest is not to be entered in the Register; or

(b) a decision by Ministers not to give consent to the exercise by the community body of its right to buy.

(3) A person who is a member of a community as defined for the purposes of section 34(1)(a) above in relation to a community body or who has any interest in the land giving rise to a right which is legally enforceable by that person may, by summary application, appeal to the sheriff against—

(a) a decision by Ministers that a community interest in land is to be entered in the Register on the application of the community body; or

(b) a decision by Ministers to consent to the exercise of the community body’s right to buy land.

(4) An appeal under subsection (1), (2) or (3) above shall be lodged within 28 days of the date on which Ministers decided whether to enter the community interest or, as the case may be, whether to consent to the exercise of the right to buy land.

(5) The sheriff in whose sheriffdom the land or any part of it is situated has jurisdiction to hear an appeal under this section.

(6) Where an appeal is made—

(a) under subsection (1) above the owner shall intimate that fact to—

(i) the community body; and

(ii) Ministers;

(b) under subsection (2) above the community body shall intimate that fact to—

(i) the owner; and

(ii) Ministers; or

(c) under subsection (3) above the member of the community shall intimate that fact to—

(i) the community body;

(ii) the owner; and

(iii) Ministers.

(7) The decision of the sheriff in an appeal under this section—

(a) may require rectification of the Register;

(b) may impose conditions upon the appellant;

(c) is final.