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Publication - Guidance

Crofting community right to buy: guidance

Published: 15 Jun 2009

Full guidance for Crofting Community Right to Buy under Part 3 of the Land Reform (Scotland) Act 2003.

77 page PDF

646.5kB

77 page PDF

646.5kB

Contents
Crofting community right to buy: guidance
Page 5

77 page PDF

646.5kB

ANNEX A. TIMELINE OF ACTIONS FOR THE CROFTING COMMUNITY RIGHT TO BUY PROCESS

Deadlines

Action

Cumulative deadline

Crofting Community Body ( CCB) holds a ballot of its defined "crofting community". ( s75(1) and the Crofting Community Right to Buy (Ballot) (Scotland) Regulations 2004)

6 months

21 days from date of ballot

Ministers are advised of the ballot results. ( s75(4))

CCB applies to purchase croft land. ( s73)

CCB send a copy of the application to the landowner, tenant and any heritable creditor.

s73(6) and (8))

60 days from date of receipt of application

On receipt of the application, Ministers invite the landowner, tenant, the owners of all land contiguous with the land, the Crofters Commission and others, as appropriate, to comment. ( s73(8))

Deadline for receipt of comments on the CCB's application is 60 days after the sending of the Ministers' invitation. ( s73(8))

Minimum of 60 days

As soon as possible after receiving application

As soon as possible after the receipt of the application, a public notice is published in a local newspaper and the Edinburgh Gazette, inviting comments on the application. (deadline for response - 60 days) ( s73(3)-(11))

Deadline for receipt of comments on the CCB's application (60 days). ( s73(10))

Ministers send a copy of the comments to the CCB and invite its comments. ( s73(12)(a))

60 days from date of invitation to comment

Deadline for receipt of views from CCB is 60 days after the sending of the Ministers' invitation. ( s73(12(b))

As required to determine issues by Scottish Land Court

Any reference of issues to Scottish Land Court ( s81, and 97)

MINISTERS' DECISION

Scottish Ministers write to the CCB advising of consent/rejection of the Crofting Community Right to Buy. ( s82)

The landowner can only dispose of the land and interests to the CCB. ( s84(1))

6 months (unless extended by agreement or as a result of proceedings in Scottish Land Court)

7 days from decision

Scottish Ministers appoint a valuer within 7 days of giving consent to an application (or 7 days following a determination in the Scottish Land Court). ( s88(1) and (2))

21 days from decision

CCB confirms its intention to proceed with the purchase of the croft land ( s85(1)) within 21 days of the date of notification from Ministers.

7 days from receipt of intention to proceed with right to buy

Scottish Ministers acknowledge receipt of the crofting community's confirmation to proceed with the purchase. ( s85(3))

6 weeks from notification of Ministers' decision

CCB is notified of the results of the valuation within 6 weeks of the appointment of the valuer. ( s88(13))

Final settlement date. ( s87(2))


Contact

Email: crtb@gov.scot