Land Reform (Scotland) Act 2016

Land Reform (Scotland) Act 2016

2016 asp 18

Commentary on Sections

Part 5 – Right to Buy Land to Further Sustainable Development

Applications for consent

Section 58 – Right to buy same land exercisable by only one Part 5 community body

275. Section 58 deals with the situation where there is more than one Part 5 community body applying to buying the same land or tenant’s interest.

276. Subsection (1) provides that only one Part 5 community body may apply under Part 5 in relation to the same land or tenant’s interest.

277. Subsection (2) provides that, where more than one Part 5 community body submits an application seeking to buy the same land or tenant’s interest, Ministers have to decide which application is to proceed.

278. Subsection (3) provides that Ministers must not take any decision on any of the applications relating to the same land or tenant’s interest before they have considered all views and responses related to each application which they have received in answer to invitations under section 55.

279. Subsection (4) provides that, once Ministers have decided which Part 5 community body’s application is to be allowed to proceed, the other Part 5 community body’s right to buy shall be extinguished. It also specifies that Ministers must notify the decision to the owner of land, the tenant where the application is to buy a tenant’s interest, the Part 5 community body and a third party purchaser, where relevant, and any person invited under section 55(1)(a) to send views on the application.