Scottish Statutory Instruments
2015 No. 400
Land Reform
The Community Right to Buy (Scotland) Regulations 2015
Made
19th November 2015
Laid before the Scottish Parliament
23rd November 2015
Coming into force
15th April 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 34(5), 36(2)(f), 37(1), (2), (4)(b), (4A), and (18)(b), 39(7)(c), 41(3)(b), 48(1) and (2), 49(2), 51A (2) and (6), 51B(2)(b), (3) and (4), 52(1), (3), and (7), 63(5) and 98(3) of the Land Reform (Scotland) Act 2003(1) and all other powers enabling them to do so.
PART 1Introductory and general
Citation, commencement, interpretation and application
1.—(1) These Regulations may be cited as the Community Right to Buy (Scotland) Regulations 2015 and come into force on 15th April 2016.
(2) In these Regulations, unless the context otherwise requires—
“the Act” means the Land Reform (Scotland) Act 2003;
“application to register a community interest in land” means an application to register a community interest in land under section 37(1) of the Act;
“charity number” means the number used by the Office of the Scottish Charity Regulator to identify a charity that is registered on the Scottish Charity Register in accordance with the Charities and Trustee Investment (Scotland) Act 2005(2);
“community interest in land” means a community interest in land registered under section 37(3) of the Act;
“company number” means the unique number allocated to every company, known as the company’s registered number, in accordance with section 1066 of the Companies Act 2006(4); and
“registration number” means a number attributed to a community benefit society when it is registered under section 3 of the Co-operative and Community Benefit Societies Act 2014(5).
(3) Parts 2 to 9 of these Regulations apply only in relation to—
(a)an application to register a community interest in land made on or after 15th April 2016;
(b)a community interest in land which relates to an application to register a community interest in land made on or after 15th April 2016;
(c)any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made on or after 15th April 2016;
(d)a type of area specified in regulation 2 where—
(i)any such type of area relates to a community body; and
(ii)the community body makes an application to register a community interest in land on or after 15th April 2015;
(e)maps, plans or other drawings that must be provided under section 41(3)(b)(6) of the Act where these describe land in respect of which a community interest in land is registered and that interest relates to an application to register a community interest in land made on or after 15th April 2016;
(f)a notice or notification that is required to be—
(i)affixed to land as required by section 37(4)(b)(7) of the Act where the public notice under section 37(4)(b) is given on or after 15th April 2016;
(ii)sent under section 37(17) of the Act where the notice relates to an application to register a community interest in land made on or after 15th April 2016;
(iii)given under section 48(1) of the Act where the notification relates to land in respect of which a community interest in land is registered and that interest relates to an application to register a community interest in land made on or after 15th April 2016; or
(iv)sent by Ministers under section 49(2) of the Act where the notice relates to the exercise of a right to buy land arising under Part 2 of the Act in which the community interest in land relates to an application to register a community interest in land made on or after 15th April 2016;
(g)the procedure for recovering losses and expenses under section 63(1)(a) of the Act in relation to loss or expense incurred in complying with the procedural requirements of Part 2 of the Act in relation to—
(i)an application to register a community interest in land made on or after 15th April 2016;
(ii)a community interest in land that relates to an application to register a community interest in land made on or after 15th April 2016; or
(iii)any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made on or after 15th April 2016;
(h)the procedure for recovering losses and expenses under section 63(1)(b) of the Act as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57(8) of the Act in relation to any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made on or after 15th April 2016;
(i)the procedure for recovering losses and expenses under section 63(1)(c) of the Act attributable to a prohibition imposed under section 37(5)(e) of the Act in relation to an application to register a community interest in land made on or after 15th April 2016; or
(j)the procedure for recovering losses and expenses under section 63(1)(d) of the Act as a result of the operation of section 56(3)(a)(9) or (b) of the Act in relation to the exercise of any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered where that interest relates to an application to register a community interest in land made on or after 15th April 2016.
PART 2Community areas
Prescribed types of area
2. For the purposes of section 34(5)(10) of the Act, the types of area by reference to which a community shall be defined are—
(a)an electoral ward within the meaning of section 1 of the Local Governance (Scotland) Act 2004(11);
(b)the area of a community council established in accordance with Part IV of the Local Government (Scotland) Act 1973(12);
(c)a postcode area, being an area given a unique alphabetic coding to facilitate the delivering of mail, being identified by one or two alphabetical characters at the start of the full postcode, the letters being derived from a town, city or district falling within that postcode area;
(d)a postcode district, being a sub-area of a postcode area, identified by the characters within the first half of a full postcode, which may be numeric, alphabetic or alpha-numeric;
(e)a postcode sector, being a sub-area of a postcode district, identified by the number third from the end of a postcode unit;
(f)an island;
(g)a settlement delineated on the maps attached to Scottish Settlements: Urban and Rural Areas in Scotland published on 5th February 2001(13); or
(h)a locality delineated on the maps attached to Scotland’s Census 2001: Key Statistics for Settlements and Localities Scotland published on 23rd March 2003(14).
PART 3Applications to register and re-register an interest in land
Specifications of maps, plans or other drawings
3. The specifications to which maps, plans or other drawings are to be prepared for the purpose of section 36(2)(f) of the Act are specified in Part 1 of Schedule 1.
Application to register or re-register a community interest in land
4. For the purposes of section 37(1) of the Act, an application to register a community interest in land must—
(a)except where it is an application to re-register a community interest in land, be provided in the form specified in Schedule 2; or
(b)where a community body which has registered a community interest in land applies to re-register that interest(15), be provided in the form specified in Schedule 3.
Kinds of information to accompany an application to register or re-register a community interest in land
5. For the purposes of section 37(1), the kinds of information that must accompany an application to register a community interest in land are—
(a)information concerning the community body’s memorandum, articles of association, constitution or registered rules as the case may be;
(b)information concerning the community body’s company number, charity number or registration number as the case may be;
(c)a description of the land to which the application to register a community interest in land relates, including maps or drawings prepared to the specifications referred to in Part 1 of Schedule 1; and
(d)a description of the area of the community to which the community body relates by reference to maps or drawings which are prepared to the specifications in Part 2 of Schedule 1.
PART 4Notices
Public notice of application to register a community interest in land where the owner or creditor is unknown or cannot be found
6. A notice that is required to be affixed to land as required by section 37(4)(b)(16) of the Act is to be in the form of notice specified in Schedule 4.
Salmon fishings or mineral rights: public notice of application to register a community interest in land where the owner or creditor is unknown or cannot be found
7.—(1) Subject to paragraph (2), for the purposes of section 37(4A)(17) of the Act, the community body must advertise the proposed application to register a community interest in land in at least one of the following ways—
(a)by affixing a conspicuous notice to, or as near as practicable to, a part of the land in respect of which the salmon fishings or mineral rights to which the proposed application to register a community interest in land relates are exigible;
(b)by affixing a conspicuous notice to a public notice board situated in, or as near as practicable to, a part of the land in respect of which the salmon fishings or mineral rights to which the proposed application to register a community interest in land relates are exigible; or
(c)by placing an advertisement in a local newsletter, circular or similar document circulating in, or as near as practicable to, the land in respect of which the salmon fishings or mineral rights to which the proposed application to register a community interest in land relates are exigible.
(2) For the purposes of paragraph (1)(c), the local newsletter, circular or similar document may be in paper or electronic form.
Notice by Ministers on whether a community interest in land is to be entered in the Register
8. A notice that is required to be sent under section 37(17) of the Act containing the decision of Ministers whether or not a community interest in land is to be entered in the Register(18) is to be in the form of notice specified in Schedule 5.
Notification by an owner or creditor of proposed transfer of land
9. A notification that requires to be given under section 48(1) of the Act, by an owner of land in respect of which a community interest in land is registered or, as the case may be, a creditor in a standard security with a right to sell such land, is to be in the form of a notification specified in Schedule 6.
Notices following receipt of a notice under section 48 of the Act
10.—(1) A notice that is required to be sent by Ministers under section 49(2)(a) of the Act is to be in the form of notice specified in Schedule 7.
(2) A notice that is required to be sent by Ministers under section 49(2)(b) of the Act is to be in the form of notice specified in Schedule 8.
PART 5Late applications
Late applications: similar community bodies
11.—(1) The matters that Ministers must have regard to when considering under section 39(3)(ab)(19) of the Act, as read with section 39(7)(c)(20) of the Act, whether a community body is similar to another community body to a significant degree are—
(a)whether any person who is a director, charity trustee or officer of the community body making the application to register a community interest in land is also a director, charity trustee or officer of another community body;
(b)whether any member of the community body making the application to register a community interest in land is also a member of another community body;
(c)the extent to which the purposes of each community body, as set out in its memorandum, articles of association, constitution or registered rules, are similar;
(d)the extent to which the definitions of the communities to which each community body relates are similar, being the definitions included in each community body’s articles of association, constitution or registered rules for the purposes of section 34(1)(a)(21), (1A)(a)(22) or (1B)(a)(23) of the Act as the case may be;
(e)the date on which each community body was formed (in the case of a company limited by guarantee), constituted (in the case of a Scottish charitable incorporated organisation) or registered (in the case of a community benefit society); and
(f)where applicable, the date on which one of the community bodies was dissolved (in the case of a company limited by guarantee or community benefit society) or removed from the Scottish Charity Register (in the case of a Scottish charitable incorporated organisation).
(2) For the purposes of paragraph (1)—
“director” means any person occupying the position of director of a company limited by guarantee, by whatever name called;
“charity trustee” means a person having general control and management of the administration of a Scottish charitable incorporated organisation; and
“officer” means, in relation to a community benefit society, any treasurer, secretary, member of the committee, manager or employee of the society.
PART 6Exempt transfer
Exempt transfer: specifications of maps, plans or other drawings
12. The specifications to which maps, plans or other drawings are to be prepared when provided under section 41(3)(b)(24) of the Act are specified in Schedule 9.
PART 7Ballots
Information to be provided to the ballotter by Ministers
13. The information that Ministers must provide to a ballotter under section 51A(2)(b)(25) of the Act is—
(a)the date by which the ballotter must notify Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of the information referred to in section 52(3)(26) of the Act; and
(b)where Ministers have given the community body their consent in writing under section 35(1)(27) of the Act, a copy of the community body’s modified memorandum, articles of association, constitution or registered rules.
Information to be provided to ballotter by community body
14. The information that the community body must provide to a ballotter under section 51A(6) of the Act must—
(a)be provided in the form specified in Schedule 10; and
(b)consist of the information specified in that Schedule.
Conduct of ballot
15.—(1) The ballot must be conducted as a secret postal ballot.
(2) The ballotter must ascertain the persons eligible to vote in the ballot, those persons being the members of the community as defined for the purposes of section 34(1)(a), (1A)(a) or (1B)(a) of the Act as the case may be(28).
(3) The ballotter must send to each person eligible to vote a ballot paper with—
(a)the question on which the vote is to be taken;
(b)a description of the land and any salmon fishings or mineral rights to which that question pertains; and
(c)the date and time, being not less than 10 days after the date of posting, by which the paper must be returned.
(4) The ballotter must provide to each person eligible to vote a stamped addressed envelope for returning the completed ballot paper.
Proxy Votes
16.—(1) A person eligible to vote in the ballot may make a request, in writing, to the ballotter to be permitted a proxy vote.
(2) A request under paragraph (1) must—
(a)state the name and address of the person eligible to vote;
(b)state the name and address of the person whom the person eligible to vote wishes to appoint as a proxy;
(c)be signed by the person eligible to vote;
(d)contain a statement confirming that the person who is eligible to vote has consulted the proxy and that the proxy is capable and willing of acting as proxy; and
(e)be received by the ballotter not later than 1700 hours on the day before the date on which the ballot paper must be returned.
(3) The ballotter must permit a proxy vote to a person who makes a valid request in accordance with paragraphs (1) and (2).
Ballot results
17.—(1) The ballotter must, not later than 14 days from the date specified for the return of the ballot papers, publish in a newspaper circulating in the vicinity of the community—
(a)the number of persons eligible to vote in the ballot;
(b)the number of persons eligible to vote who voted; and
(c)the number of votes cast for and against the proposition that the community body buy the land.
(2) A notification that is required to be made under section 52(3)(29) of the Act must be in the form of return specified in Schedule 11.
Retention and provision of information by the ballotter
18.—(1) The ballotter must retain—
(a)all information provided to the ballotter by the community body in accordance with section 51A(6)(30) of the Act and regulation 14;
(b)all completed ballot papers from any ballot conducted in accordance with regulations 15 to 17;
(c)evidence of sending the ballot papers from any ballot conducted in accordance with regulations 15 to 17 to those persons eligible to vote;
(d)all requests for a proxy vote made under regulation 16(1) in relation to any ballot conducted in accordance with regulations 15 to 17; and
(e)a record of all proxy votes permitted in accordance with regulation 16(3) in relation to any ballot conducted in accordance with regulations 15 to 17,
for a period of 2 years after the date by which the ballot papers must be returned in accordance with regulation 15(3)(c).
(2) Within 28 days of receipt of a request, the ballotter must make available any information, ballot papers, evidence, requests or records mentioned in paragraph (1) for inspection by—
(a)Ministers (for the purposes of conducting a review under regulation 19 or otherwise); or
(b)any person with a right of appeal under section 61(31) of the Act.
Ballot not conducted as prescribed
19.—(1) Ministers may review whether a ballot was conducted in accordance with regulations 15 to 17—
(a)at the request of—
(i)the community body;
(ii)the owner of the land; or
(iii)a creditor in a standard security with a right to sell the land; or
(b)where they have reason to believe that the ballot may not have been conducted in accordance with regulations 15 to 17.
(2) A request to Ministers under paragraph (1)(a) must—
(a)be in writing;
(b)be received by Ministers not later than 21 days after the date on which the ballotter made the notification required under section 52(3)(32) of the Act; and
(c)set out the reasons why the person making the request has reason to believe that the ballot may not have been conducted in accordance with regulations 15 to 17.
(3) Where Ministers decide to review whether a ballot was conducted in accordance with regulations 15 to 17, they must—
(a)send—
(i)where the review is pursuant to a request under paragraph (1)(a), a copy of the request to the persons mentioned in paragraph (1)(a) (other than whichever of those persons made the request under paragraph (1)(a)) and to the ballotter; or
(ii)where Ministers are acting pursuant to paragraph (1)(b), a notice setting out their reasons to the persons mentioned in paragraph (1)(a) and to the ballotter; and
(b)invite those persons to provide them, so as to be received not later than 21 days after the sending of the invitation, views in writing on the request or, as the case may be, the notice.
(4) Ministers must, within 7 days of receiving views sent in accordance with paragraph (3)(b)—
(a)send to the persons mentioned in paragraph (1)(a) and to the ballotter a copy of any views given in response to an invitation under paragraph (3)(b); and
(b)invite those persons to send Ministers, so as to be received not later than 14 days after the sending of the invitation, any further views.
(5) Ministers must, within the period specified in paragraph (6),—
(a)consider—
(i)any written views sent in accordance with paragraphs (3) and (4); and
(ii)any information made available to Ministers by the ballotter in accordance with regulation 18(2);
(b)decide whether the ballot was conducted in accordance with regulations 15 to 17; and
(c)send notification to the persons mentioned in paragraph (1)(a) and the ballotter of their decision and the reasons for their decision.
(6) The period specified in this paragraph is the period of 28 days beginning with the day after the day on which further views must be received by Ministers in accordance with paragraph (4)(b).
(7) Where two or more requests are made under paragraph (1) in relation to the same ballot, Ministers may consider and decide upon those requests together.
(8) If Ministers decide that a ballot has not been conducted in accordance with regulations 15 to 17, a further ballot must be conducted in accordance with regulation 20.
Conduct of further ballot
20.—(1) Subject to paragraphs (2) and (3), if, by virtue of regulation 19(8), a further ballot must be conducted, that further ballot must be conducted by a ballotter in accordance with the requirements of regulations 15, 16 and 17(1).
(2) In any case where Ministers have given their consent in writing under section 35(1)(33) of the Act, Ministers must provide a copy of the community body’s modified memorandum, articles of association, constitution or registered rules not later than 14 days after the date on which Ministers sent notification in accordance with regulation 19(5)(c).
(3) Within 14 days from the date on which Ministers sent notification in accordance with regulation 19(5)(c), the community body must provide to the ballotter the following information—
(a)the name of the community body;
(b)the company number, registration number or charity number of the community body as the case may be;
(c)the contact details for the community body;
(d)a description of the land and any salmon fishings or mineral rights in relation to which the community body is exercising its right to buy;
(e)details of the community body’s proposals for use of the land in relation to which it is exercising its right to buy;
(f)details of where copies of the community body’s proposals can be obtained by members of the community; and
(g)the assessed value of the land and any moveable property which has been valued as notified to the community body by the valuer in accordance with section 60(2) of the Act.
(4) The ballotter must, within the period specified in paragraph (5), notify Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of—
(a)the name of the community body;
(b)the date of the further ballot;
(c)the result of the further ballot, including how many votes were spoilt;
(d)the number of persons eligible to vote;
(e)the number of persons eligible to vote who voted, including details of the number of proxy votes cast;
(f)the number of persons eligible to vote who voted in favour of the proposition that the community body buy the land;
(g)the wording of that proposition; and
(h)details of any information provided by the ballotter to persons eligible to vote in the further ballot.
(5) The period specified in this paragraph is 35 days from the date on which Ministers sent notification in accordance with regulation 19(5)(c).
(6) The expenses of any further ballot conducted in accordance with this regulation are to be met by Ministers.
(7) In relation to a further ballot conducted in accordance with this regulation, the ballotter must retain—
(a)all information provided to the ballotter by the community body in accordance with paragraph (3);
(b)all completed ballot papers from the further ballot conducted in accordance with this regulation;
(c)evidence of sending the ballot papers from the further ballot conducted in accordance with this regulation to those persons eligible to vote;
(d)all requests for a proxy vote made under regulation 16(1) in relation to the further ballot conducted in accordance with this regulation; and
(e)a record of all proxy votes permitted in accordance with regulation 16(3) in relation to the further ballot conducted in accordance with this regulation;
for a period of 2 years after the date by which the ballot papers must be returned in accordance with regulation 15(3)(c) in any further ballot conducted in accordance with this regulation.
(8) Within 28 days of receipt of a request, the ballotter must make available any information, ballot papers, evidence, requests or records mentioned in paragraph (7) for inspection by—
(a)Ministers; or
(b)any person with a right of appeal under section 61(34) of the Act.
PART 8Consent to right to buy
Consent to right to buy under section 51 of the Act: duty to provide information
21. The information that must be provided by a community body in accordance with section 51B(1)(a)(35) of the Act must be—
(a)provided in the form specified in Schedule 12; and
(b)of the kind specified in that Schedule.
PART 9Compensation
Procedure for recovering losses and expenses under section 63 of the Act
22.—(1) A claim for compensation under section 63(1)(a) of the Act in relation to loss or expense incurred in complying with the procedural requirements of Part 2 of the Act must be made within 90 days of the act or event which was last to occur as a result of compliance with those procedural requirements and which gave rise to part or all of the claim.
(2) A claim for compensation under section 63(1)(b) of the Act in relation to loss or expense incurred as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57(36) of the Act must be made within 90 days of—
(a)if at any time following the making of such an order of the Lands Tribunal under section 57(1) of the Act the community body, having failed to comply with the order, gives notice under section 54 of the Act that it no longer wishes to exercise its right to buy the land, the date of that notice; or
(b)in a case where the Lands Tribunal makes an order under section 57(2) of the Act extinguishing the right to buy the land, the date of that order or the date on which any appeal of that order is finally determined or withdrawn.
(3) A claim for compensation under section 63(1)(c) of the Act in relation to loss or expense incurred which is attributable to a prohibition imposed under section 37(5)(e) of the Act must be made within 90 days of the date on which Ministers decide whether a community interest in land is to be registered in accordance with section 37(37) of the Act.
(4) A claim for compensation under section 63(1)(d) of the Act in relation to loss or expense incurred as a result of the operation of section 56(3)(a)(38) or (b) of the Act must be made within 90 days of the date of payment of the price in terms of section 56(3)(a) or (b) of the Act.
(5) In the event of a claim for compensation in relation to loss or expense being made under more than one of paragraphs (1) to (4), the period of 90 days runs from whichever is the latest date applicable by virtue of any of the paragraphs relevant to the claim.
(6) A claim for compensation under section 63(1) of the Act must—
(a)specify under which paragraph or paragraphs of section 63(1) of the Act the loss or expense falls; and
(b)be accompanied by evidence of all losses and expenses incurred.
(7) The person making a claim for compensation under section 63(1) of the Act must be informed of the amount of compensation payable, as determined by Ministers, within 40 days of the submission of a claim that is in accordance with the requirements of this regulation.
PART 10REVOCATIONS AND SAVINGS
Revocations and savings
23.—(1) Subject to paragraph (2), the Regulations specified in the table in Schedule 13 are revoked.
(2) Notwithstanding their revocation by paragraph (1), the Regulations specified in the table in Schedule 13 continue to have effect in respect of the following—
(a)an application to register a community interest in land made before 15th April 2016;
(b)a community interest in land which relates to an application to register a community interest in land made before 15th April 2016;
(c)any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016;
(d)an application (whether made before, on or after 15th April 2016) under section 57(1) of the Act in respect of land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
(e)the exercise of any power of the Lands Tribunal to make an order or to do any other act under section 57(39) of the Act where such order or act is in relation to a community interest in land that relates to an application to register a community interest in land made before 15th April 2016;
(f)an appeal (whether made before, on or after 15th April 2016) under section 61(40) of the Act—
(i)against a decision mentioned in subsection (1)(a) or (3)(a) of that section where the appeal is in relation to a decision by Ministers that a community interest in land is to be entered in the Register and that community interest in land relates to an application to register a community interest in land made before 15th April 2016;
(ii)against a decision mentioned in subsection (1)(b) or (3)(b) of that section where the appeal is in relation to a decision by Ministers to give consent to the exercise by a community body of its right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
(iii)against a decision mentioned in subsection (2)(a) of that section where the appeal is in relation to a decision by Ministers that a community interest is not to be entered in the Register and the community interest relates to an application to register a community interest in land made before 15th April 2016; or
(iv)against a decision mentioned in subsection (2)(b) of that section where the appeal is in relation to a decision by Ministers not to give consent to the exercise by a community body of its right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
(g)the procedure for recovering losses and expenses under section 63(1)(a) of the Act in relation to loss or expense incurred in complying with the procedural requirements of Part 2 of the Act in relation to-
(i)an application to register a community interest in land made before 15th April 2016;
(ii)a community interest in land that relates to an application to register a community interest in land made before 15th April 2016; or
(iii)any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016;
(h)the procedure for recovering losses and expenses under section 63(1)(b) of the Act as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57(41) of the Act in relation to any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016;
(i)the procedure for recovering losses and expenses under section 63(1)(c) of the Act attributable to a prohibition imposed under section 37(5)(e) of the Act in relation to an application to register a community interest in land made before 15th April 2016;
(j)the procedure for recovering losses and expenses under section 63(1)(d) of the Act as a result of the operation of section 56(3)(a)(42) or (b) of the Act in relation to the exercise of any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered where that interest relates to an application to register a community interest in land made before 15th April 2016;
(k)an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(a) of the Act in relation to complying with the procedural requirements of Part 2 of the Act in relation to—
(i)an application to register a community interest in land made before 15th April 2016;
(ii)a community interest in land that relates to an application to register a community interest in land made before 15th April 2016; or
(iii)the exercise in accordance with Part 2 of the Act of a right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016;
(l)an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(b) of the Act in relation to a failure by a community body to comply with an order of the Lands Tribunal under section 57 of the Act concerning a community interest in land that relates to an application to register a community interest in land made before 15th April 2016;
(m)an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(c) of the Act in relation to a prohibition imposed under section 37(5)(e) of the Act concerning an application to register a community interest in land made before 15th April 2016; or
(n)an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(d) of the Act in relation to the operation of section 56(3)(a) or (b) of the Act concerning a community interest in land that relates to an application to register a community interest in land made before 15th April 2016.
AILEEN McLEOD
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
19th November 2015
Regulations 3 and 5
SCHEDULE 1SPECIFICATION OF MAPS, PLANS AND OTHER DRAWINGS
PART 1REGISTER OF COMMUNITY INTERESTS IN LAND – SECTION 36(2)(f) OF THE ACT
1. Maps, plans or other drawings must—
(a)be drawn to a metric scale corresponding to a scale used by the Ordnance Survey for that land;
(b)be taxative and not demonstrative only;
(c)show the compass orientation of north;
(d)contain map grid reference numbers and sufficient surrounding details (fences, houses etc.) to enable the position of the land to be fixed accurately;
(e)show the boundaries of the land; and
(f)where measurements are given, give those measurements to one decimal place.
2. Where salmon fishings or mineral rights are the subject of the application to register a community interest in land, the land in respect of which the salmon fishings or mineral rights are exigible must be clearly marked on the map, plan or other drawing.
PART 2DESCRIPTION OF AREA OF COMMUNITY
3. Maps or drawings must—
(a)be drawn to a metric scale corresponding to a scale used by the Ordnance Survey for that land;
(b)be taxative and not demonstrative only;
(c)show the compass orientation of north;
(d)contain map grid reference numbers and sufficient surrounding details (fences, houses etc.) to enable the position of the area of the community to be fixed accurately;
(e)show the boundaries of the area of the community; and
(f)where measurements are given, give those measurements to one decimal place.
Regulation 4(a)
SCHEDULE 2FORM OF APPLICATION TO REGISTER A COMMUNITY INTEREST IN LAND – SECTION 37(1) OF THE ACT
Regulation 4(b)
SCHEDULE 3FORM OF APPLICATION TO RE-REGISTER AN INTEREST IN LAND – SECTION 37(1) OF THE ACT
Regulation 6
SCHEDULE 4FORM OF PUBLIC NOTICE OF APPLICATION TO BE AFFIXED TO LAND – SECTION 37(4) OF THE ACT
Regulation 8
SCHEDULE 5FORM OF NOTICE UNDER SECTION 37(17) OF THE ACT OF MINISTERS’ DECISION ON WHETHER OR NOT A COMMUNITY INTEREST IS TO BE REGISTERED OR RE-REGISTERED
Regulation 9
SCHEDULE 6FORM OF NOTICE BY OWNER OR CREDITOR OF PROPOSED TRANSFER OF LAND UNDER SECTION 48(1) OF THE ACT
Regulation 10(1)
SCHEDULE 7FORM OF NOTICE UNDER SECTION 49(2)(a) OF THE ACT
Regulation 10(2)
SCHEDULE 8FORM OF NOTICE UNDER SECTION 49(2)(b) OF THE ACT
Regulation 12
SCHEDULE 9EXEMPT TRANSFER – DESCRIPTION OF LAND – SECTION 41(3)(b) OF THE ACT
1. Maps, plans or other drawings must—
(a)be drawn to a metric scale corresponding to a scale used by the Ordnance Survey for that land;
(b)be taxative and not demonstrative only;
(c)show the compass orientation of north;
(d)contain map grid reference numbers and sufficient surrounding details (fences, houses etc.) to enable the position of the land to be fixed accurately;
(e)show the boundaries of the land; and
(f)where measurements are given, give those measurements to one decimal place.
2. Where the land to which the transfer under section 40(4)(43) of the Act relates consists of salmon fishings or mineral rights, the land in respect of which those salmon fishings or mineral rights are eligible must be clearly marked on the map, plan or drawing.
Regulation 14
SCHEDULE 10INFORMATION TO BE PROVIDED TO BALLOTTER – SECTION 51A(6) OF THE ACT
Regulation 17(2)
SCHEDULE 11RETURN OF BALLOT RESULTS – SECTION 52(3) OF THE ACT
Regulation 21
SCHEDULE 12FORM OF INFORMATION TO BE PROVIDED BY THE COMMUNITY BODY TO MINISTERS – SECTION 51B OF THE ACT
Regulation 23
SCHEDULE 13REVOCATIONS
| Regulations revoked | Instrument No. |
|---|---|
| The Community Right to Buy (Ballot) (Scotland) Regulations 2004 | S.S.I. 2004/228 |
| The Community Right to Buy (Compensation) (Scotland) Regulations 2004 | S.S.I. 2004/229 |
| The Community Right to Buy (Specification of Plans) (Scotland) Regulations 2004 | S.S.I. 2004/231 |
| The Community Right to Buy (Prescribed Form of Applications and Notices) (Scotland) Regulations 2009 | S.S.I. 2009/156 |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision in connection with the community right to buy under Part 2 of the Land Reform (Scotland) Act 2003 (“the Act”).
Regulation 1 sets out certain defined terms to be used throughout the Regulations. It also sets out in paragraph (3) in what circumstances Parts 2 to 9 of the Regulations apply.
Regulation 2 sets out the types of area that can be used by a community body when describing the area of the community to which it relates. Section 35(5)(a) of the Act allows community bodies to make reference to postcode units when describing that area. Regulation 2 extends this so that they can also refer to electoral wards, community council areas, postcode areas, postcode districts, postcode sectors, island, settlements and localities. Settlements and localities are defined by reference to the National Statistics publications noted at regulation 2(g) and (h). These publications are held by the National Records of Scotland, New Register House, 3 West Register Street, Edinburgh, Scotland, EH1 3YT and are available from the weblinks noted in the footnotes to regulation 2(g) and (h).
Regulation 3 states that the specifications to which maps, plans or other drawings are to be prepared for the purposes of their inclusion in the Register of Community Interests in Land (“the Register”) are set out in Part 1 of Schedule 1.
Regulation 4(a) states that the form of application to register a community interest in land under section 37(1) of the Act is set out in Schedule 2. This application form is only to be used the first time an application is made to register the interest in land – re-registrations are dealt with at regulation 5. Regulation 4(b) states that an application to re-register a community interest in land under section 37(1) of the Act, pursuant to the re-registration provisions in section 44 of the Act is set out in Schedule 3. An application to re-register an interest can be made at any time within six months before the expiry of the five year period from the date when it was previously registered. This application form allows the community body to refrain from answering certain questions if the information to which those questions relate has not changed since its previous application to register the interest.
Regulation 5 sets out the kinds of information which must accompany an application to register or re-register a community interest in land.
Regulation 6 states that the notice of the proposed application to register a community interest in land that must be affixed to a part of the land (except where that land consists of salmon fishings or mineral rights), where the owner or creditor in a standard security is unknown or cannot be found, is set out in Schedule 4.
Regulation 7 sets out the manner of advertising by which a public notice must be given of a proposed application which relates to salmon fishings or mineral rights where the owner or creditor in a standard security is unknown or cannot be found.
Regulation 8 states that the form of notice that is required to be sent by Scottish Ministers (“Ministers”) under section 37(17) of the Act of their decision whether or not the community interest is to be entered in the Register is set out in Schedule 5.
Regulation 9 states that the form of notice that is required to be given by the owner of land or creditor in a standard security with a right to sell the land in accordance with section 48(1) of the Act, where that owner or creditor proposes to transfer the land or any part of it, is set out in Schedule 6.
Regulation 10(1) states that the form of notice that is required to be sent by Ministers under section 49(2)(a) of the Act (which must be sent to the community body to seek its confirmation in writing that it will exercise its right to buy the land) is set out in Schedule 7. Regulation 10(2) states that the form of notice that is required to be sent by Ministers under section 49(2)(b) of the Act, which must be sent to the owner of the land narrating Ministers’ compliance with section 49(2)(a) of the Act, is set out in Schedule 8.
Regulation 11 relates to applications made under section 37(1) of the Act to which section 39 of the Act applies. Section 39(3) of the Act sets out the matters of which Ministers must be satisfied before entering a community interest in the Register where that community interest is as a result of such an application (a “late application”). One of these matters is that either (i) in the period of 12 months before the application is received by Ministers, the owner or creditor did not make an offer to sell the land to the community body or a similar community body, or (ii) if such an offer was made, there are good reasons why the body did not purchase the land. Section 39(7)(c) of the Act provides that a community body is similar to another community body if, in the opinion of Ministers, it is similar to the other body to a significant degree having regard to matters which are to be set out in regulations. Regulation 11 sets out what these matters are.
Regulation 12 states that the specifications to which maps, plans or other drawings are to be prepared when provided to Ministers under section 41(3)(b) of the Act (which the owner or creditor is required to do when it has made a transfer of land as mentioned in section 40(4)(a) to (h) of the Act) are set out in Schedule 9.
Regulation 13 sets out the information that Ministers must, under section 51A(2)(b) of the Act, provide to a ballotter which has been appointed to conduct the ballot that is required to indicate the approval of the community to the purchase of the land by the community body.
Regulation 14 sets out that the information that the community body must, under section 51A(6) of the Act, provide to the ballotter is set out, along with the form in which it must be provided, in Schedule 10.
Regulation 15 describes how the ballot must be conducted by the ballotter. Regulation 15(1) provides that the ballot must be a secret postal ballot. Regulation 15(2) provides that the ballotter must ascertain the persons eligible to vote. Regulation 15(3) describes the procedure for sending ballot papers to those persons eligible to vote, and regulation 15(4) provides that those persons must be sent a stamped address envelope for retuning the completed ballot paper.
Regulation 16(1) states that a person eligible to vote in the ballot may request to be permitted a proxy vote. Regulation 16(2) sets out the requirements of such a request. Regulations 16(3) states that the ballotter must permit a proxy vote to a person who makes a valid request.
Regulation 17(1) sets out the requirements of the ballotter for publication of the ballot results. Regulation 17(2) states that the form in which notification under section 52(3) of the Act must be made (which is notification to the Ministers, the community body, the owner of the land and any creditor in a standard security with a right to sell the land) of certain information about the ballot, including the ballot results) is set out in Schedule 11.
Regulation 18(1) states that the ballotter must retain certain information about the ballot for a period of 2 years from the date of that ballot. Regulation 18(2) states that the ballotter must make that information available for inspection by Ministers or any person with a right of appeal under section 61 of the Act within 28 days of receipt of a request to do so.
Regulation 19 provides that Ministers may review whether a ballot was conducted in accordance with the requirements of regulations 15 to 17. Regulation 19(1) sets out that such a review can be carried out at the request of a community body, the owner of the land or a creditor in a standard security with a right to sell the land, or it can be carried out when Ministers have reason to believe that the ballot has not been conducted in accordance with the requirements of those regulations. Regulation 19(2) sets out the requirements of a request to Ministers to carry out a review. Regulation 19(3) to (6) set out the procedure of the review, including provision for Ministers to obtain the views of the community body, the owner or creditor. Regulation 19(7) states that, where two or more requests to review the conduct of the ballot are received, Ministers may decide upon those requests together. Regulation 19(8) states that, if Ministers decide that a ballot has not been conducted in accordance with regulations 15 to 17, a further ballot must conducted in accordance with regulation 20.
Regulation 20 sets out the requirements for the conduct of a further ballot that must be carried out as a result of Ministers deciding that a ballot was not conducted in accordance with regulations 15 to 17. Regulation 20(1) states that such a further ballot must be conducted in accordance with the requirements of regulations 15, 16 and 17(1). Regulation 20(2) sets out what information must be provided by Ministers to the ballotter for the purposes of the further ballot. Regulation 20(3) sets out what information must be provided by the community body to the ballotter for the purposes of the further ballot. Regulation 20(4) and (5) sets out the notification requirements of the ballotter in relation to the result of the ballot. Regulation 20(6) states that the expenses of any further ballot are to be met by Ministers. Regulations 20(7) and (8) provide for the retention of, and provision of, certain information about the further ballot by the ballotter.
Regulation 21 states that the information to be provided to Ministers under section 51B(1)(a) of the Act, and the form in which that information is to be provided, is set out in Schedule 12. This information is to be provided to Ministers for the purposes of deciding whether or not Ministers are satisfied as mentioned in section 51(3) of the Act in relation to a community body.
Regulation 22 provides for the procedure by and manner in which compensation for loss or expenses may be claimed by any person (other than a community body) from Ministers under section 63 of the Act. Regulations 22(1) to (5) set out the timescales for making a claim under section 63 of the Act. Regulation 22(6) states that such a claim must specify under which paragraph or paragraphs of section 63(1) it is being made and must be accompanied by evidence of all losses and expenses. Regulation 22(7) states that the person making the claim must be informed of the amount of compensation payable within 40 days of the submission of the claim.
Regulation 23 provides for savings. It sets out the circumstances in which the regulations listed in Schedule 13 continue to have effect. These circumstances all relate to an application to register a community interest in land made before 15th April 2016.
2003 asp 2. Section 98(1) contains definitions of “Ministers” and “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. Sections 34, 36, 37, 39, 41, 52 and 53 are relevantly amended by, and sections 51A and 51B inserted by, the Community Empowerment (Scotland) Act 2015 (asp 6) (“the 2015 Act”), sections 37, 39, 40, 42, 44, 49, 50 and 52, paragraph 8 of schedule 4 and schedule 5.
Section 37 is amended by section 40 of, and paragraph 8(2) of schedule 4 to, the 2015 Act.
Section 41(3) is inserted by section 44 of the 2015 Act.
Section 37(4)(b) is amended by section 40(a) of the 2015 Act.
Section 57 is amended by section 55 of the 2015 Act.
Section 56(3)(a) is amended by section 54(a) of the 2015 Act.
Section 34(5) is amended by section 37(7) of the 2015 Act.
1973 c.65. Section 51 is amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 14. Section 53 is amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23), section 25 and Schedules 2 and 4.
A National Statistics publication, available via the following weblink http://www.gro-scotland.gov.uk/statistics-and-data/geography/related-publications/scottish-settlements-urban-and-rural-areas-in-scotland
ISBN 1-874451-68-0. A National Statistics publication, available via the following weblink http://www.nrscotland.gov.uk/statistics-and-data/census/2001-census/results-and-products/reports-and-data/key-statistics-for-settlements-and-localities-scotland
Section 44(2) of the Act states that a community body which has registered a community interest may, at any time before the expiry of that period, apply under section 37 of the Act to re-register the interest.
Section 37(4)(b) is amended by section 40(a) of the 2015 Act.
Section 37(4A) is inserted by section 40(b) of the 2015 Act.
Section 36(1) of the Act states that the Keeper shall set up and keep a register, to be known as the Register of Community interests in land (the “Register”).
Section 39(3)(ab) is substituted by section 42(4) of the 2015 Act.
Section 39(7)(c) is inserted by section 42(9) of the 2015 Act.
Section 34(1) is amended by section 37(3) of the 2015 Act.
Section 34(1A)(a) is inserted by section 37(4) of the 2015 Act.
Section 34(1B)(a) is inserted by section 37(4) of the 2015 Act.
Section 41(3)(b) is inserted by section 44 of the 2015 Act.
Section 51A is inserted by section 49 of the 2015 Act.
Section 52(3) is amended by paragraph 8(4)(a) of schedule 4 to the 2015 Act.
Section 35(1) is amended by section 38(3) of the 2015 Act.
Section 34(5) of the Act sets out how a community shall be defined for the purposes of section 34(1)(a), (1A)(a) and (1B(a) of the Act.
Section 52(3) is amended by paragraph 8(4)(a) of schedule 4 to the 2015 Act.
Section 51A is inserted by section 49 of the 2015 Act.
Section 61 is amended by section 58 of, and schedule 5 to, the 2015 Act.
Section 52(3) is amended by paragraph 8(4)(a) of schedule 4 to the 2015 Act.
Section 35(1) is amended by section 38(3) of the 2015 Act.
Section 61 is amended by section 58 of, and schedule 5 to, the 2015 Act.
Section 51B is inserted by section 50 of the 2015 Act.
Section 57 is amended by section 55 of the 2015 Act.
Section 37 is amended by section 40 of, and paragraph 8(2) of schedule 4 to, the 2015 Act.
Section 56(3)(a) is amended by section 54(a) of the 2015 Act.
Section 57 is amended by section 55 of the 2015 Act.
Section 61 is amended by section 58 of, and schedule 5 to, the 2015 Act.
Section 57 is amended by section 55 of the 2015 Act.
Section 56(3)(a) is amended by section 54(a) of the 2015 Act.
Section 40(4) is amended by schedule 5 to the 2015 Act.