Infrastructure Act 2015

Buying a stake

11 (1) Right to buy regulations must make provision about the procedure for exercising the right to buy in relation to a qualifying facility (the “purchase procedure”).

(2) The purchase procedure must identify what stake or stakes—

(a) the individuals resident in the community, and

(b) the groups connected with the community,

may buy through the right to buy.

(3) The regulations may require the designated promoter or facility operator to conduct the purchase procedure.

(4) The purchase procedure must identify the period of time during which stakes in a qualifying facility may be applied for (the “application period”).

(5) The purchase procedure must secure that the application period does not begin until after planning consent has been given for the development of the qualifying facility.

(6) Here “planning consent” means whichever of the following is, or are, needed for that facility to be developed—

(a) development consent under the Planning Act 2008;

(b) planning permission under Part 3 of the Town and Country Planning Act 1990;

(c) a marine licence under the Marine and Coastal Access Act 2009;

(d) consent of the Scottish Ministers under section 36 of the Electricity Act 1989;

(e) planning permission under the Town and Country Planning (Scotland) Act 1997;

(f) a marine licence under Part 4 of the Marine (Scotland) Act 2010.