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

Scottish Statutory Instruments

2004 No. 233

LAND REFORM

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

Made

18th May 2004

Laid before the Scottish Parliament

21st May 2004

Coming into force

15th June 2004

The Scottish Ministers in exercise of the powers conferred by sections 37, 48 and 49 of the Land Reform (Scotland) Act 2003(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Right to Buy (Forms) (Scotland) Regulations 2004 and shall come into force on 15th June 2004.

(2) In these Regulations–

“the Act” means the Land Reform (Scotland) Act 2003; and

“Schedule” means the Schedule so numbered to these Regulations.

Application to register an interest in land

2.  An application by a community body to register an interest in land under section 37(1) of the Act shall be submitted to Ministers in or as near as may be in the form specified in Schedule 1.

Notice where owner or creditor may be unknown

3.  For the purposes of satisfying Ministers whether an owner of land in which a community interest is sought to be 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 specified in Schedule 2.

Notice by Ministers on whether community interest is to be registered

4.  The notice specified in section 37(17) of the Act intimating the decision of Ministers on whether a community interest is to be entered in the Register of Community Interests in Land shall be in or as near as may be in the form specified in Schedule 3.

Notice by owner or creditor of proposed transfer of land

5.  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 specified in Schedule 4.

Notices following receipt of a notice under section 48 of the Act

6.  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 specified in Schedules 5 and 6 respectively.

ALLAN WILSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

18th May 2004

Regulation 2

SCHEDULE 1

Regulation 3

SCHEDULE 2

Notice to be affixed to land under section 37(4) of the Land Reform (Scotland) Act 2003

Regulation 4

SCHEDULE 3

Notice by the Scottish Ministers under section 37(17) of the Land Reform (Scotland) Act 2003

Regulation 5

SCHEDULE 4

Notice by an owner or creditor to a community body and the Scottish Ministers under section 48(1) of the Land Reform (Scotland) Act 2003

Regulation 6

SCHEDULE 5

Notice by the Scottish Ministers to a community body under section 49(2)(a) of the Land Reform (Scotland) Act 2003

Regulation 6

SCHEDULE 6

Notice by Scottish Ministers to an owner of land under section 49(2)(b) of the Land Reform (Scotland) Act 2003

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.

(1)

2003 asp 2. Section 98(1) of the Act contains definitions of “Ministers” and “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.