The Crofting Community Body (Prescribed Form of Application and Notice) (Scotland) Regulations 2009

Scottish Statutory Instruments

2009 No. 160

LAND REFORM

The Crofting Community Body (Prescribed Form of Application and Notice) (Scotland) Regulations 2009

Made

23rd April 2009

Laid before the Scottish Parliament

24th April 2009

Coming into force

15th June 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 73(5) and 82(1) and (2) of the Land Reform (Scotland) Act 2003 M1 , and all other powers enabling them to do so:

Marginal Citations

M1 2003 asp 2 there are no amendments relevant to those provisions. Section 98(1) contains definitions of “Ministers” and “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the Crofting Community Body (Prescribed Form of Application and Notice) (Scotland) Regulations 2009, and come into force on 15th June 2009.

(2) In these Regulations–

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

“crofting community body” has the same meaning as in section 71 of the Act;

“eligible additional land” has the same meaning as in section 70(4) of the Act;

“eligible croft land” has the same meaning as in section 68(2) of the Act;

“eligible sporting interests” has the same meaning as in section 70(4) of the Act;

“interest of the tenant” has the same meaning as in section 69A(3) M2 of the Act; and

“tenanted land” has the same meaning as in section 69A(1) of the Act.

Marginal Citations

M2 Section 69A of the Land Reform (Scotland) Act 2003 was inserted by the Crofting Reform etc. Act 2007 (asp 7), section 31(2).

Application by a crofting community body for consent to buy eligible croft land, eligible additional land, eligible sporting interests or the interest of a tenant in tenanted land S

2.  An application by a crofting community body under section 73(2) of the Act–

(a) for consent to buy eligible croft land, eligible additional land or eligible sporting interests; or

(b) (as read with section 69A(2) of the Act), for consent to buy the interest of the tenant in tenanted land,

shall be submitted to Ministers in, or as near as may be in, the form of application specified in Schedule 1.

Notification of Ministers' decision on application S

3.  Ministers must notify their decision under section 82 of the Act on an application to buy eligible croft land, eligible additional land, eligible sporting interests or the interest of the tenant in tenanted land in, or as near as may be in, the form of notice specified in Schedule 2.

Revocation S

4.  The Crofting Community Body Form of Application for Consent to Buy Croft Land etc. and Notice of Ministers' Decision (Scotland) Regulations 2004 M3 are hereby revoked.

Marginal Citations

M3 S.S.I. 2004/224.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

23rd April 2009

Regulation 2

SCHEDULE 1 S

Regulation 3

SCHEDULE 2 S

NOTICE UNDER SECTION 82 OF THE LAND REFORM (SCOTLAND) ACT 2003 OF SCOTTISH MINISTERS' DECISION ON AN APPLICATION TO PURCHASE BY A CROFTING COMMUNITY BODY S

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Crofting Community Body Form of Application for Consent to Buy Croft Land etc. and Notice of Ministers' Decision (Scotland) Regulations 2004 (“the 2004 Regulations”), and prescribe the form of an application by a crofting community body under section 73(2) of the Land Reform (Scotland) Act 2003 (“the 2003 Act”), and the form of the notice issued by Ministers under section 82 of the Act.

Regulation 2 provides that the application to be completed by a crofting community body to buy land, eligible sporting interests or the interest of the tenant in tenanted land shall be in the form specified in Schedule 1 to these Regulations.

Regulation 3 provides that the notice which must be used by the Scottish Ministers when they notify their decision on an application to buy land, eligible sporting interests or the interest of the tenant in tenanted land shall be in the form prescribed in Schedule 2 to these Regulations.