PART 4COMMUNITY RIGHTS TO BUY LAND

Modifications of Part 2 of Land Reform (Scotland) Act 2003

I158Creditors in standard security with right to sell land: appeals

In section 61 of the 2003 Act (appeals)—

a

after subsection (3), insert—

3A

A creditor in a standard security with a right to sell land may appeal to the sheriff against—

a

a decision by Ministers that a community interest in the land is to be entered in the Register, or

b

a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.

b

in subsection (4), for the words “or (3)”, substitute “ , (3) or (3A) ”, and

c

in subsection (6)—

i

the word “and” immediately following paragraph (a)(i) is repealed,

ii

in paragraph (a), after sub-paragraph (ii), insert

and

iii

any creditor in a standard security with a right to sell the land to which the appeal relates;

iii

the word “and” immediately following paragraph (b)(i) is repealed,

iv

for the word “or” immediately following paragraph (b)(ii), substitute

and

iii

any creditor in a standard security with a right to sell the land to which the appeal relates;

v

the word “and” immediately following paragraph (c)(ii) is repealed,

vi

in paragraph (c), after sub-paragraph (iii), insert

and

iv

any creditor in a standard security with a right to sell the land to which the appeal relates;

vii

after paragraph (c), insert

or

d

under subsection (3A) above, the creditor must intimate that fact to—

i

the community body,

ii

the owner, and

iii

Ministers.