The Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020

Application for reimbursement

14.—(1) A Part 5 community body may apply to the Scottish Ministers for reimbursement of the expense of conducting a ballot under section 57 of the Act.

(2) An application under paragraph (1) may only be made on or after the date that the associated application was made under section 54 of the Act and must be made no later than the date determined in accordance with paragraph (3) or (4).

(3) If the Part 5 community body is refused consent to exercise a right to buy under section 54 of the Act, the date is the earlier of—

(a) the day after the expiry of the time period specified in section 69(7) (appeals to the sheriff) of the Act for lodging an appeal against the decision on an application under section 54 of the Act, if no appeal is lodged within that period,

(b) the day on which the sheriff issues a decision in an appeal under section 69(3) of the Act, that the Part 5 community body is not given consent to exercise the right to buy under section 54 of the Act.

(4) If the Part 5 community body is given consent to exercise a right to buy under section 54 of the Act, the date is the earliest of—

(a) the day on which the sheriff issues a decision in an appeal under section 69(1), (2), (5) or (6) of the Act, that the Part 5 community body is not given consent to exercise the right to buy under section 54 of the Act,

(b) the expiry of the period—

(i) specified in section 62(1) of the Act, or

(ii) where an application under section 54 nominated a third party purchaser, section 62(2) of the Act,

but only if the Part 5 community body did not, within that period, notify the Scottish Ministers, the owner of the land and, where the application is to buy a tenant’s interest, the tenant, of its intention to proceed to buy the land or, as the case may be, the tenant’s interest,

(c) the date of notice of withdrawal of the application—

(i) under section 62(3)(a) of the Act where an application does not nominate a third party purchaser, or

(ii) under section 62(4)(a) of the Act where an application nominates a third party purchaser,

(d) the date of the notice of withdrawal of the confirmation of intention to proceed—

(i) under section 62(3)(b) of the Act where an application does not nominate a third party purchaser, or

(ii) under section 62(4)(b) of the Act where an application nominates a third party purchaser,

(e) the date on which the Part 5 community body’s or, as the case may be, the third party purchaser’s confirmation of intention to proceed made under section 62 is treated as withdrawn under section 64(7) of the Act, or

(f) the date on which the transfer is completed under section 64 of the Act.