PART 3Ballot for the purposes of sections 74 and 75 of the Act
Conduct of ballot6.
(1)
The ballot for the purposes of section 74 and 75 of the Act must be conducted—
(a)
in a fair and reasonable manner, and
(b)
as a secret postal ballot.
(2)
The crofting community body must ascertain the persons eligible to vote in the ballot, those persons being members of the community as defined for the purposes of section 71(1)(a), (1A)(a) or (1B)(a) of the Act.
(3)
The crofting community body must send, to each person eligible to vote, a ballot paper indicating—
(a)
the question on which the vote is being taken,
(b)
the date and time, being not less than 10 days after the date of posting of the ballot paper to the person, by which the ballot paper must be returned (“ballot deadline”), and
(c)
the information specified in paragraph (4).
(4)
The crofting community body must send to each person eligible to vote—
(a)
a description of—
(i)
the land that is subject to an application under section 73(2) of the Act,
(ii)
the land to which a tenant's interest that is subject to an application under section 73(2) of the Act relates, or
(iii)
the land over which the sporting interests that are subject to an application under section 73(2) of the Act relate,
(b)
details of any rights or interests in respect of any owner, creditor or third party and, where the ballot is in respect of the proposed purchase of a tenant's interest, the tenant,
(c)
a description of the crofting community body's proposals for the land or, where the application is in respect of a tenant's interest or sporting interests, the land to which the tenant's interest or sporting interests relates, as the case may be,
(d)
details of how further information may be obtained on the crofting community body's proposals for the land, or where the application is in respect of a tenant's interest or sporting interests, the land to which the tenant's interest or sporting interests relates, as the case may be, and other matters relating to the ballot,
(e)
the name of the crofting community body as it appears in the crofting community body's memorandum and articles of association (or as adopted by a resolution of its members), constitution or registered rules, and
(f)
the crofting community body's contact details including a contact name, postal address, email address and telephone number.
(5)
The crofting community body must provide each person eligible to vote with a stamped addressed envelope for returning the completed ballot paper.