Land Reform (Scotland) Act 2003

[F1 97F [F2 Inclusion of applications for right to buy in Register of Applications by Community Bodies to Buy Land] S

[F3 (1) The Keeper must keep the Register of Applications by Community Bodies to Buy Land (the “New Register”), established under section 52 of the Land Reform (Scotland) Act 2016, so that there is contained in it a part for registering information and documents relating to applications for the right to buy in accordance with section 97G.]

(2) The [F4 New Register] must be set up and kept so as to contain, in a manner and form convenient for public inspection, the following information and documents relating to each application to exercise the right to buy under this Part registered in it—

(a) where the Part 3A community body which has submitted the application is constituted by a company limited by guarantee, the name and address of the registered office of the company,

(b) where the Part 3A community body which has submitted the application is constituted by a Scottish charitable incorporated organisation within the meaning given in section 97D(12) (a “SCIO”), the name and address of the principal office of the SCIO,

(c) where the Part 3A community body which has submitted the application is constituted by a community benefit society as defined in section 97D(12), the name and address of the registered office of the society,

(d) a copy of the application to exercise the right to buy under this Part,

(e) a copy of any notification given under section 97K(4)(b),

(f) a copy of the notice given under section 97M(1),

(g) a copy of any notice under section 97P(1),

(h) a copy of any notice under section 97P(2)(a),

(i) a copy of any notice under section 97P(2)(b),

(j) a copy of any acknowledgement sent under section 97P(3),

(k) such other information as Ministers consider appropriate.

(3) Subject to subsection (4), any person who, under this Part, provides a document or other information, or makes a decision, which or a copy of which is to be registered in the [F5 New] Register must, as soon as reasonably practicable after providing the document or other information or, as the case may be, making the decision, give it or a copy of it to the Keeper for the purpose of allowing it to be so registered.

(4) If the Part 3A community body registering an application requires that any such information or document relating to that application and falling within subsection (5) as is specified in the requirement be withheld from public inspection, that information or document is to be kept by or on behalf of Ministers separately from and not entered in the [F6 New] Register.

(5) Information or a document falls within this subsection if it relates to arrangements for the raising or expenditure of money to enable the land to which the application relates to be put to a particular use.

(6) Nothing in subsection (4) or (5) obliges an applicant Part 3A community body, or empowers Ministers to require such a body, to submit to Ministers any information or document within subsection (5).

(7) Subsection (8) applies where—

(a) a Part 3A community body changes its name,

(b) a Part 3A community body which is constituted by a company limited by guarantee or by a community benefit society changes the address of its registered office, or

(c) a Part 3A community body which is constituted by a SCIO changes the address of its principal office.

(8) The Part 3A community body must, as soon as reasonably practicable after the change is made, notify the Keeper of the change.

(9) Ministers may by regulations modify—

(a) paragraphs (a) to (j) of subsection (2),

(b) subsection (4),

(c) subsection (5).

F7 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In this Part, “the Keeper” means—

(a) the Keeper of the Registers of Scotland, or

(b) such other person as Ministers may appoint to carry out the Keeper's functions under this Part.

(13) Different persons may be so appointed for different purposes.]

Textual Amendments

F1 Pt. 3A inserted (30.6.2017 for specified purposes, 27.6.2018 in so far as not already in force) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 74, 142(1); S.S.I. 2017/192, art. 2; S.S.I. 2018/139, art. 2(a)

F2 S. 97F title substituted (27.6.2018) by Land Reform (Scotland) Act 2016 (asp 18), ss. 53(7), 130(1) (with ss. 61(5), 128); S.S.I. 2018/138, art. 3, sch. 2

F3 S. 97F(1) substituted (27.6.2018) by Land Reform (Scotland) Act 2016 (asp 18), ss. 53(2), 130(1) (with ss. 61(5), 128); S.S.I. 2018/138, art. 3, sch. 2

F4 Words in s. 97F(2) substituted (27.6.2018) by Land Reform (Scotland) Act 2016 (asp 18), ss. 53(3), 130(1) (with ss. 61(5), 128); S.S.I. 2018/138, art. 3, sch. 2

F5 Word in s. 97F(3) substituted (27.6.2018) by Land Reform (Scotland) Act 2016 (asp 18), ss. 53(4), 130(1) (with ss. 61(5), 128); S.S.I. 2018/138, art. 3, sch. 2

F6 Word in s. 97F(4) inserted (27.6.2018) by Land Reform (Scotland) Act 2016 (asp 18), ss. 53(5), 130(1) (with ss. 61(5), 128); S.S.I. 2018/138, art. 3, sch. 2

F7 S. 97F(10)(11) repealed (27.6.2018) by Land Reform (Scotland) Act 2016 (asp 18), ss. 53(6), 130(1) (with ss. 61(5), 128); S.S.I. 2018/138, art. 3, sch. 2