http://www.legislation.gov.uk/ssi/2004/233/madeThe Community Right to Buy (Forms) (Scotland) Regulations 2004Right to buy your homeKing's Printer for Scotland2016-08-26LAND REFORMThese Regulations specify the forms which must be used in connection with various procedures under Part 2 (Community Right to Buy) the Land Reform (Scotland) Act 2003 (asp 2) (“the Act”). Regulation 2 specifies that an application by a community body to register an interest in land under section 37(1) of the Act should be in or as near as may be in the form in Schedule 1 to these Regulations.The Community Right to Buy (Forms) (Scotland) Regulations 2004The Community Right to Buy (Prescribed Form of Application and Notices) (Scotland) Regulations 2009reg 7Scottish Statutory Instruments2004 No. 233LAND REFORMThe Community Right to Buy (Forms) (Scotland) Regulations 2004Made18th May 2004Laid before the Scottish Parliament21st May 2004Coming into force15th June 2004

The Scottish Ministers in exercise of the powers conferred by sections 37, 48 and 49 of the Land Reform (Scotland) Act 2003

2003 asp 2. Section 98(1) of the Act contains definitions of “Ministers” and “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1.(1)

These Regulations may be cited as the Community Right to Buy (Forms) (Scotland) Regulations 2004 and shall come into force on 15th June 2004.

(2)

In these Regulations–

“the Act” means the Land Reform (Scotland) Act 2003; and

“Schedule” means the Schedule so numbered to these Regulations.

Application to register an interest in land2.

An application by a community body to register an interest in land under section 37(1) of the Act shall be submitted to Ministers in or as near as may be in the form specified in Schedule 1.

Notice where owner or creditor may be unknown3.

For the purposes of satisfying Ministers whether an owner of land in which a community interest is sought to be registered or, as the case may be, a creditor in a standard security over any part of that land, is unknown or cannot be found the notice which the community body is required to affix to the land in terms of section 37(4) of the Act shall be in or as near as may be in the form specified in Schedule 2.

Notice by Ministers on whether community interest is to be registered4.

The notice specified in section 37(17) of the Act intimating the decision of Ministers on whether a community interest is to be entered in the Register of Community Interests in Land shall be in or as near as may be in the form specified in Schedule 3.

Notice by owner or creditor of proposed transfer of land5.

Where an owner of land, or a creditor in a standard security, is required under section 48 of the Act to notify a community body and Ministers of a proposed transfer of land, the notification shall be in or as near as may be in the form specified in Schedule 4.

Notices following receipt of a notice under section 48 of the Act6.

The notices required to be sent by Ministers under section 49(2)(a) (notice seeking confirmation of exercise of right to buy) and (2)(b) (notice narrating compliance) of the Act shall be in or as near as may be in the forms specified in Schedules 5 and 6 respectively.

ALLAN WILSONAuthorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

18th May 2004SCHEDULE 1

Regulation 2

SCHEDULE 2

Regulation 3

Notice to be affixed to land under section 37(4) of the Land Reform (Scotland) Act 2003

SCHEDULE 3

Regulation 4

Notice by the Scottish Ministers under section 37(17) of the Land Reform (Scotland) Act 2003

SCHEDULE 4

Regulation 5

Notice by an owner or creditor to a community body and the Scottish Ministers under section 48(1) of the Land Reform (Scotland) Act 2003

SCHEDULE 5

Regulation 6

Notice by the Scottish Ministers to a community body under section 49(2)(a) of the Land Reform (Scotland) Act 2003

SCHEDULE 6

Regulation 6

Notice by Scottish Ministers to an owner of land under section 49(2)(b) of the Land Reform (Scotland) Act 2003

(This note is not part of the Regulations)

These Regulations specify the forms which must be used in connection with various procedures under Part 2 (Community Right to Buy) the Land Reform (Scotland) Act 2003 (asp 2) (“the Act”). Regulation 2 specifies that an application by a community body to register an interest in land under section 37(1) of the Act should be in or as near as may be in the form in Schedule 1 to these Regulations.

Regulation 3 prescribes the notice which must be used by such a community body where the owner of land in which a community interest is sought to be registered, or a creditor in a standard security over any part of that land, may be unknown or cannot be found. The notice must be affixed to a part of the land and its form is specified in Schedule 2.

Regulation 4 and Schedule 3 specify the form of notice which must be used by the Scottish Ministers when they are intimating their decision on whether or not a community interest is to be registered in the Register of Community Interests in Land.

Regulation 5 and Schedule 4 specify the form of notice which must be given to such a community body and the Scottish Ministers by the owner of land, or a creditor in a standard security over that land, under section 48 of the Act (duties on owner, or creditor, proposing to transfer land) where there is a proposed transfer of the land.

Regulation 6 prescribes the notices to be given by the Scottish Ministers to such a community body and to the owner of the land following receipt of a notice under section 48 of the Act. These notices are specified in Schedules 5 and 6 respectively.