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Scottish Statutory Instruments
LAND REFORM
Made
18th May 2004
Laid before the Scottish Parliament
21st May 2004
Coming into force
15th June 2004
The Scottish Ministers in exercise of the powers conferred by sections 37, 48 and 49 of the Land Reform (Scotland) Act 2003(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:
1.—(1) These Regulations may be cited as the Community Right to Buy (Forms) (Scotland) Regulations 2004 and shall come into force on 15th June 2004.
(2) In these Regulations–
“the Act” means the Land Reform (Scotland) Act 2003; and
“Schedule” means the Schedule so numbered to these Regulations.
2. An application by a community body to register an interest in land under section 37(1) of the Act shall be submitted to Ministers in or as near as may be in the form specified in Schedule 1.
3. For the purposes of satisfying Ministers whether an owner of land in which a community interest is sought to be registered or, as the case may be, a creditor in a standard security over any part of that land, is unknown or cannot be found the notice which the community body is required to affix to the land in terms of section 37(4) of the Act shall be in or as near as may be in the form specified in Schedule 2.
4. The notice specified in section 37(17) of the Act intimating the decision of Ministers on whether a community interest is to be entered in the Register of Community Interests in Land shall be in or as near as may be in the form specified in Schedule 3.
5. Where an owner of land, or a creditor in a standard security, is required under section 48 of the Act to notify a community body and Ministers of a proposed transfer of land, the notification shall be in or as near as may be in the form specified in Schedule 4.
6. The notices required to be sent by Ministers under section 49(2)(a) (notice seeking confirmation of exercise of right to buy) and (2)(b) (notice narrating compliance) of the Act shall be in or as near as may be in the forms specified in Schedules 5 and 6 respectively.
ALLAN WILSON
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
18th May 2004
Regulation 2
Regulation 3
Regulation 4
Regulation 5
Regulation 6
Regulation 6
(This note is not part of the Regulations)
These Regulations specify the forms which must be used in connection with various procedures under Part 2 (Community Right to Buy) the Land Reform (Scotland) Act 2003 (asp 2) (“the Act”). Regulation 2 specifies that an application by a community body to register an interest in land under section 37(1) of the Act should be in or as near as may be in the form in Schedule 1 to these Regulations.
Regulation 3 prescribes the notice which must be used by such a community body where the owner of land in which a community interest is sought to be registered, or a creditor in a standard security over any part of that land, may be unknown or cannot be found. The notice must be affixed to a part of the land and its form is specified in Schedule 2.
Regulation 4 and Schedule 3 specify the form of notice which must be used by the Scottish Ministers when they are intimating their decision on whether or not a community interest is to be registered in the Register of Community Interests in Land.
Regulation 5 and Schedule 4 specify the form of notice which must be given to such a community body and the Scottish Ministers by the owner of land, or a creditor in a standard security over that land, under section 48 of the Act (duties on owner, or creditor, proposing to transfer land) where there is a proposed transfer of the land.
Regulation 6 prescribes the notices to be given by the Scottish Ministers to such a community body and to the owner of the land following receipt of a notice under section 48 of the Act. These notices are specified in Schedules 5 and 6 respectively.
2003 asp 2. Section 98(1) of the Act contains definitions of “Ministers” and “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.
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