EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision in connection with the right to buy land to further sustainable development under Part 5 of the Land Reform (Scotland) Act 2016 (“the 2016 Act”).
Part 2 concerns the application required to be submitted by a Part 5 community body that wishes to apply to Ministers for consent to exercise a right to buy under section 54 of the 2016 Act.
Regulation 2 provides that the application must be in the form specified in schedule 1 and include or be accompanied by information where specified in that schedule.
Regulation 3 provides specifications for maps, plans or other drawings submitted with the application specified in schedule 1 and schedule 2.
Regulation 4 sets out the manner in which an application for a right to buy under Part 5 must be publicly notified by the Scottish Ministers as required by section 55(3) of the 2016 Act.
Part 3 concerns the written request that a Part 5 community body must send to a land owner or tenant under sections 56(3)(a) or (7)(a) of the 2016 Act respectively.
Regulation 5 provides that a written request to a land owner or a tenant must be in the form specified in schedule 2.
Regulation 6 provides that a response from the land owner to a request as specified under section 56(3)(a) of the 2016 Act must be in the form specified in Part B of schedule 2.
Regulation 7 provides the circumstances in which the land owner is taken to have not responded or not agreed to a request.
Part 4 concerns the ballot that must be held by the Part 5 community body in the six months preceding the submission of an application under Part 5, as required by section 57(1) of the 2016 Act.
Regulation 8 provides that the ballot must be conducted in a fair and reasonable manner and as a secret postal ballot. It also requires Part 5 community bodies to ascertain all eligible voters in the community and send to them a ballot paper containing the question on which the vote is to be taken, the ballot deadline, a stamped addressed envelope and additional information about the Part 5 community body and its proposal.
Regulation 9 specifies that a person eligible to vote in the ballot may request to be permitted a proxy vote and sets out the requirements for making such a request. The Part 5 community body must permit a proxy vote to a person who makes a valid request.
Regulation 10 requires the Part 5 community body to appoint an observer to oversee the counting of the completed ballot papers and the recording of the result. The observer must be an individual who is independent of the Part 5 community body and must sign a declaration that the person observed the counting and recording of the votes. The declaration is contained in schedule 4.
Regulation 11 specifies requirements for publication of the ballot result.
Regulation 12 provides that the Scottish Ministers must be notified of the ballot result as required by section 57(5) of the 2016 Act in the form specified in schedule 4.
Regulation 13 requires that the Part 5 community body retain evidence:—
- that, in the course of running the ballot, they complied with regulation 8,
- of all requests for a proxy vote and all proxy votes made under regulation 9, and
- all completed and returned ballot papers
for two years after the ballot deadline.
Regulation 14 provides that a Part 5 community body may apply for reimbursement of the expense of conducting a ballot and provides for the associated timescale depending on the circumstances.
Regulation 15 specifies the information that must be included in the Part 5 community body’s application for reimbursement of the expense of conducting a ballot.
Regulation 16 provides that the Scottish Ministers may, within the period of 30 days after an application under regulation 14 is received, request further information from the Part 5 community body. The Part 5 community body then has 7 days in which to respond with the information requested or with an explanation as to why the additional information cannot be provided.
Regulation 17 provides that in the period of 60 days beginning on the date the application under regulation 14 is received, Ministers must calculate the amount, if any, to be reimbursed to the Part 5 community body. Only expenses that were incurred in the conduct of the ballot which are directly attributable to the activities specified in regulation 8 may be reimbursed and only provided that they were not incurred retrospectively.
Regulation 18 provides that a Part 5 community body has the right to appeal a decision of the Scottish Ministers under regulation 17 to the Lands Tribunal for Scotland (“the Lands Tribunal”). Any appeal under regulation 18 must be lodged within the period of 28 days beginning on the date three days after the day on which the notice of the decision under regulation 17 is posted to the Part 5 community body. The Lands Tribunal may make an order requiring the Scottish Ministers to reimburse a specified amount to the Part 5 community body. There is no right to appeal a decision under regulation 18.
Part 5 concerns claims for compensation where a person has incurred losses or expense in complying with the requirements of Part 5 following the making of an application, as a result of the withdrawal of a community body or third party purchaser or as a result of a Part 5 community body or third party purchaser failing to complete the purchase.
Regulation 19 makes provision regarding the procedure for claims for compensation.
Regulation 20 makes provision in connection with an application for a grant under section 68 (grants towards liabilities to pay compensation) of the 2016 Act.
Business and Regulatory Impact Assessment, Data Protection Impact Assessment and Equality Impact Assessments have been prepared and placed in the Land Reform Unit, Directorate for Agriculture and Rural Economy, Victoria Quay, Edinburgh, EH6 6QQ.