The Community Right to Buy (Forms) (Scotland) Regulations 2004

Explanatory Note

(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.