The Crofting Community Right to Buy (Procedure, Ballots and Forms) (Scotland) Regulations 2020

Application for reimbursement S

12.—(1) A crofting community body may apply to the Ministers for reimbursement of the expense of conducting a ballot in accordance with section 75(6) 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 73(2) of the Act and must be made no later than the date determined in accordance with paragraph (3) or (4).

(3) If the crofting community body is refused consent to exercise a right to buy under section 73 of the Act, the date is the earlier of—

(a) the day after the expiry of the time period specified in section 91(5) of the Act for lodging an appeal against the decision on an application under section 73 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 91(7) of the Act, that the crofting community body is not given consent to exercise the right to buy under section 73 of the Act.

(4) If the crofting community body is given consent to exercise a right to buy under section 73 of the Act, the date is the earliest of—

(a) the day on which the sheriff issues a decision in an appeal under section 91(1) of the Act, that the crofting community body is not given consent to exercise the right to buy under section 73 of the Act,

(b) the expiry of the period specified in section 85(1) of the Act, but only if the crofting community body did not, within that period, notify the Scottish Ministers and, as the case may be—

(i) the owner of the land,

(ii) where the application is to buy a tenant's interest, the tenant, or

(iii) where the application is to buy sporting interests, the owner of the sporting interests,

of its intention to proceed to buy the land or the tenant's interest or the sporting interests,

(c) the date of notice of withdrawal of the application under section 85(2)(a) of the Act,

(d) the date of notice of withdrawal of confirmation of intention to proceed under section 85(2)(b) of the Act,

(e) the date on which the crofting community body's confirmation of intention to proceed made under section 85 of the Act is treated as withdrawn under section 87(5) of the Act, or

(f) the date on which the transfer is completed under section 87 of the Act.

Commencement Information

I1 Reg. 12 in force at 24.2.2021, see reg. 1(1)