Land Reform (Scotland) Act 2003

60 Procedure for valuation S

(1) In carrying out a valuation under section 59 above, the valuer shall invite the owner of the land and the community body which is exercising its right to buy the land to make written representations about the value of the land and any moveable property being bought with the land and shall consider any representations made accordingly.

[F1 (1A) Where written representations under subsection (1) are received—

(a) from the owner of the land, the valuer must invite the community body which is exercising its right to buy the land to send its views on the representations in writing,

(b) from the community body which is exercising its right to buy the land, the valuer must invite the owner of the land to send the owner's views on the representations in writing.

(1B) In carrying out a valuation under section 59, the valuer must consider any views sent under subsection (1A).]

(2) The valuer shall, within the period set out in subsection (3) below, notify Ministers, the owner of the land and the community body which is exercising its right to buy the land of the assessed value of the land and of any moveable property which has been valued.

(3) The period referred to in subsection (2) above is the period of [F2 8] weeks beginning with the date of appointment of the valuer or such other longer period as Ministers may, on an application by the valuer, fix.

[F3 (3A) An application under subsection (3) must be made within the period of 21 days beginning with the date of appointment of the valuer.

(3B) Any longer period as mentioned in that subsection must be fixed under that subsection within the period of 7 days beginning with the day on which the application was received.

(3C) Where such a longer period is fixed, Ministers must notify the persons mentioned in subsection (3D) of—

(a) the fact that a longer period has been so fixed,

(b) the length of the period, and

(c) the date on which the period ends.

(3D) The persons are—

(a) the community body which is exercising its right to buy the land,

(b) the person appointed to conduct the ballot in relation to the land, and

(c) the owner of the land.]

(4) The validity of anything done under this Part of this Act is not affected by any failure by a valuer to comply with the time limit specified in subsection (3) above.

Textual Amendments

F1 S. 60(1A)(1B) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 56(a), 142(1); S.S.I. 2015/399, art. 2, Sch. (with art. 3)

F2 Word in s. 60(3) substituted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 56(b), 142(1); S.S.I. 2015/399, art. 2, Sch. (with art. 3)

F3 S. 60(3A)-(3D) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 53(2), 142(1); S.S.I. 2015/399, art. 2, Sch. (with art. 3)