2009 No. 156
The Community Right to Buy (Prescribed Form of Application and Notices) (Scotland) Regulations 2009
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 37, 48 and 49 of the Land Reform (Scotland) Act 20031, and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Community Right to Buy (Prescribed Form of Application and Notices) (Scotland) Regulations 2009 and come into force on 15th June 2009.
2
In these Regulations–
“the Act” means the Land Reform (Scotland) Act 2003.
Application to register or to re register an interest in land2
An application by a community body under section 37(1) of the Act–
a
to register an interest in land; or
b
(as read with section 44(2) of the Act), to re-register an interest in land,
shall be submitted to Ministers in, or as near as may be in, the form of application specified in Schedule 1.
Notice where owner or creditor may be unknown3
For the purposes of satisfying Ministers that an owner of land in which a community interest is sought to be registered or re 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 of notice specified in Schedule 2.
Notice by Ministers on whether community interest is to be registered or re registered4
The notice specified in section 37(17) of the Act intimating the decision of Ministers whether or not a community interest is to be entered or re entered in the Register of Community Interests in Land shall be in, or as near as may be in, the form of notice 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 of notice 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 of notice specified in Schedules 5 and 6 respectively.
Revocation7
The Community Right to Buy (Forms) (Scotland) Regulations 20042 are revoked.
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
(This note is not part of the Regulations)