Land Reform PART 1 Introductory and general Citation, commencement, interpretation and application 1 1 These Regulations may be cited as the Community Right to Buy (Scotland) Regulations 2015 and come into force on 15th April 2016. 2 In these Regulations, unless the context otherwise requires— “ the Act ” means the Land Reform (Scotland) Act 2003; “application to register a community interest in land” means an application to register a community interest in land under section 37(1) of the Act; “charity number” means the number used by the Office of the Scottish Charity Regulator to identify a charity that is registered on the Scottish Charity Register in accordance with the Charities and Trustee Investment (Scotland) Act 2005 ; “community interest in land” means a community interest in land registered under section 37 of the Act; “company number” means the unique number allocated to every company, known as the company’s registered number, in accordance with section 1066 of the Companies Act 2006 ; and “registration number” means a number attributed to a community benefit society when it is registered under section 3 of the Co-operative and Community Benefit Societies Act 2014 . 3 Parts 2 to 9 of these Regulations apply only in relation to— a an application to register a community interest in land made on or after 15th April 2016; b a community interest in land which relates to an application to register a community interest in land made on or after 15th April 2016; c any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made on or after 15th April 2016; d a type of area specified in regulation 2 where— i any such type of area relates to a community body; and ii the community body makes an application to register a community interest in land on or after 15th April 2015; e maps, plans or other drawings that must be provided under section 41(3)(b) of the Act where these describe land in respect of which a community interest in land is registered and that interest relates to an application to register a community interest in land made on or after 15th April 2016; f a notice or notification that is required to be— i affixed to land as required by section 37(4)(b) of the Act where the public notice under section 37(4)(b) is given on or after 15th April 2016; ii sent under section 37(17) of the Act where the notice relates to an application to register a community interest in land made on or after 15th April 2016; iii given under section 48(1) of the Act where the notification relates to land in respect of which a community interest in land is registered and that interest relates to an application to register a community interest in land made on or after 15th April 2016; or iv sent by Ministers under section 49(2) of the Act where the notice relates to the exercise of a right to buy land arising under Part 2 of the Act in which the community interest in land relates to an application to register a community interest in land made on or after 15th April 2016; g the procedure for recovering losses and expenses under section 63(1)(a) of the Act in relation to loss or expense incurred in complying with the procedural requirements of Part 2 of the Act in relation to— i an application to register a community interest in land made on or after 15th April 2016; ii a community interest in land that relates to an application to register a community interest in land made on or after 15th April 2016; or iii any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made on or after 15th April 2016; h the procedure for recovering losses and expenses under section 63(1)(b) of the Act as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57 of the Act in relation to any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made on or after 15th April 2016; i the procedure for recovering losses and expenses under section 63(1)(c) of the Act attributable to a prohibition imposed under section 37(5)(e) of the Act in relation to an application to register a community interest in land made on or after 15th April 2016; or j the procedure for recovering losses and expenses under section 63(1)(d) of the Act as a result of the operation of section 56(3)(a) or (b) of the Act in relation to the exercise of any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered where that interest relates to an application to register a community interest in land made on or after 15th April 2016. PART 2 Community areas Prescribed types of area 2 For the purposes of section 34(5) of the Act, the types of area by reference to which a community shall be defined are— a an electoral ward within the meaning of section 1 of the Local Governance (Scotland) Act 2004 ; b the area of a community council established in accordance with Part IV of the Local Government (Scotland) Act 1973 ; c a postcode area, being an area given a unique alphabetic coding to facilitate the delivering of mail, being identified by one or two alphabetical characters at the start of the full postcode, the letters being derived from a town, city or district falling within that postcode area; d a postcode district, being a sub-area of a postcode area, identified by the characters within the first half of a full postcode, which may be numeric, alphabetic or alpha-numeric; e a postcode sector, being a sub-area of a postcode district, identified by the number third from the end of a postcode unit; f an island; g a settlement delineated on the maps attached to Scottish Settlements: Urban and Rural Areas in Scotland published on 5th February 2001 ; or h a locality delineated on the maps attached to Scotland’s Census 2001: Key Statistics for Settlements and Localities Scotland published on 23rd March 2003 . PART 3 Applications to register and re-register an interest in land Specifications of maps, plans or other drawings 3 The specifications to which maps, plans or other drawings are to be prepared for the purpose of section 36(2)(f) of the Act are specified in Part 1 of Schedule 1. Application to register or re-register a community interest in land 4 For the purposes of section 37(1) of the Act, an application to register a community interest in land must— a except where it is an application to re-register a community interest in land, be provided in the form specified in Schedule 2; or b where a community body which has registered a community interest in land applies to re-register that interest , be provided in the form specified in Schedule 3. Kinds of information to accompany an application to register or re-register a community interest in land 5 For the purposes of section 37(1), the kinds of information that must accompany an application to register a community interest in land are— a information concerning the community body’s memorandum, articles of association, constitution or registered rules as the case may be; b information concerning the community body’s company number, charity number or registration number as the case may be; c a description of the land to which the application to register a community interest in land relates, including maps or drawings prepared to the specifications referred to in Part 1 of Schedule 1; and d a description of the area of the community to which the community body relates by reference to maps or drawings which are prepared to the specifications in Part 2 of Schedule 1. PART 4 Notices Public notice of application to register a community interest in land where the owner or creditor is unknown or cannot be found 6 A notice that is required to be affixed to land as required by section 37(4)(b) of the Act is to be in the form of notice specified in Schedule 4. Salmon fishings or mineral rights: public notice of application to register a community interest in land where the owner or creditor is unknown or cannot be found 7 1 Subject to paragraph (2), for the purposes of section 37(4A) of the Act, the community body must advertise the proposed application to register a community interest in land in at least one of the following ways— a by affixing a conspicuous notice to, or as near as practicable to, a part of the land in respect of which the salmon fishings or mineral rights to which the proposed application to register a community interest in land relates are exigible; b by affixing a conspicuous notice to a public notice board situated in, or as near as practicable to, a part of the land in respect of which the salmon fishings or mineral rights to which the proposed application to register a community interest in land relates are exigible; or c by placing an advertisement in a local newsletter, circular or similar document circulating in, or as near as practicable to, the land in respect of which the salmon fishings or mineral rights to which the proposed application to register a community interest in land relates are exigible. 2 For the purposes of paragraph (1)(c), the local newsletter, circular or similar document may be in paper or electronic form. Notice by Ministers on whether a community interest in land is to be entered in the Register 8 A notice that is required to be sent under section 37(17) of the Act containing the decision of Ministers whether or not a community interest in land is to be entered in the Register is to be in the form of notice specified in Schedule 5. Notification by an owner or creditor of proposed transfer of land 9 A notification that requires to be given under section 48(1) of the Act, by an owner of land in respect of which a community interest in land is registered or, as the case may be, a creditor in a standard security with a right to sell such land, is to be in the form of a notification specified in Schedule 6. Notices following receipt of a notice under section 48 of the Act 10 1 A notice that is required to be sent by Ministers under section 49(2)(a) of the Act is to be in the form of notice specified in Schedule 7. 2 A notice that is required to be sent by Ministers under section 49(2)(b) of the Act is to be in the form of notice specified in Schedule 8. PART 5 Late applications Late applications: similar community bodies 11 1 The matters that Ministers must have regard to when considering under section 39(3)(ab) of the Act, as read with section 39(7)(c) of the Act, whether a community body is similar to another community body to a significant degree are— a whether any person who is a director, charity trustee or officer of the community body making the application to register a community interest in land is also a director, charity trustee or officer of another community body; b whether any member of the community body making the application to register a community interest in land is also a member of another community body; c the extent to which the purposes of each community body, as set out in its memorandum, articles of association, constitution or registered rules, are similar; d the extent to which the definitions of the communities to which each community body relates are similar, being the definitions included in each community body’s articles of association, constitution or registered rules for the purposes of section 34(1)(a) , (1A)(a) or (1B)(a) of the Act as the case may be; e the date on which each community body was formed (in the case of a company limited by guarantee), constituted (in the case of a Scottish charitable incorporated organisation) or registered (in the case of a community benefit society); and f where applicable, the date on which one of the community bodies was dissolved (in the case of a company limited by guarantee or community benefit society) or removed from the Scottish Charity Register (in the case of a Scottish charitable incorporated organisation). 2 For the purposes of paragraph (1)— “director” means any person occupying the position of director of a company limited by guarantee, by whatever name called; “charity trustee” means a person having general control and management of the administration of a Scottish charitable incorporated organisation; and “officer” means, in relation to a community benefit society, any treasurer, secretary, member of the committee, manager or employee of the society. PART 6 Exempt transfer Exempt transfer: specifications of maps, plans or other drawings 12 The specifications to which maps, plans or other drawings are to be prepared when provided under section 41(3)(b) of the Act are specified in Schedule 9. PART 7 Ballots Information to be provided to the ballotter by Ministers 13 The information that Ministers must provide to a ballotter under section 51A(2)(b) of the Act is— a the date by which the ballotter must notify Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of the information referred to in section 52(3) of the Act; and b where Ministers have given the community body their consent in writing under section 35(1) of the Act, a copy of the community body’s modified memorandum, articles of association, constitution or registered rules. Information to be provided to ballotter by community body 14 The information that the community body must provide to a ballotter under section 51A(6) of the Act must— a be provided in the form specified in Schedule 10; and b consist of the information specified in that Schedule. Conduct of ballot 15 1 The ballot must be conducted as a secret postal ballot. 2 The ballotter must ascertain the persons eligible to vote in the ballot, those persons being the members of the community as defined for the purposes of section 34(1)(a), (1A)(a) or (1B)(a) of the Act as the case may be . 3 The ballotter must send to each person eligible to vote a ballot paper with— a the question on which the vote is to be taken; b a description of the land and any salmon fishings or mineral rights to which that question pertains; and c the date and time, being not less than 10 days after the date of posting, by which the paper must be returned. 4 The ballotter must provide to each person eligible to vote a stamped addressed envelope for returning the completed ballot paper. Proxy Votes 16 1 A person eligible to vote in the ballot may make a request, in writing, to the ballotter to be permitted a proxy vote. 2 A request under paragraph (1) must— a state the name and address of the person eligible to vote; b state the name and address of the person whom the person eligible to vote wishes to appoint as a proxy; c be signed by the person eligible to vote; d contain a statement confirming that the person who is eligible to vote has consulted the proxy and that the proxy is capable and willing of acting as proxy; and e be received by the ballotter not later than 1700 hours on the day before the date on which the ballot paper must be returned. 3 The ballotter must permit a proxy vote to a person who makes a valid request in accordance with paragraphs (1) and (2). Ballot results 17 1 The ballotter must, not later than 14 days from the date specified for the return of the ballot papers, publish in a newspaper circulating in the vicinity of the community— a the number of persons eligible to vote in the ballot; b the number of persons eligible to vote who voted; and c the number of votes cast for and against the proposition that the community body buy the land. 2 A notification that is required to be made under section 52(3) of the Act must be in the form of return specified in Schedule 11. Retention and provision of information by the ballotter 18 1 The ballotter must retain— a all information provided to the ballotter by the community body in accordance with section 51A(6) of the Act and regulation 14; b all completed ballot papers from any ballot conducted in accordance with regulations 15 to 17; c evidence of sending the ballot papers from any ballot conducted in accordance with regulations 15 to 17 to those persons eligible to vote; d all requests for a proxy vote made under regulation 16(1) in relation to any ballot conducted in accordance with regulations 15 to 17; and e a record of all proxy votes permitted in accordance with regulation 16(3) in relation to any ballot conducted in accordance with regulations 15 to 17, for a period of 2 years after the date by which the ballot papers must be returned in accordance with regulation 15(3)(c). 2 Within 28 days of receipt of a request, the ballotter must make available any information, ballot papers, evidence, requests or records mentioned in paragraph (1) for inspection by— a Ministers (for the purposes of conducting a review under regulation 19 or otherwise); or b any person with a right of appeal under section 61 of the Act. Ballot not conducted as prescribed 19 1 Ministers may review whether a ballot was conducted in accordance with regulations 15 to 17— a at the request of— i the community body; ii the owner of the land; or iii a creditor in a standard security with a right to sell the land; or b where they have reason to believe that the ballot may not have been conducted in accordance with regulations 15 to 17. 2 A request to Ministers under paragraph (1)(a) must— a be in writing; b be received by Ministers not later than 21 days after the date on which the ballotter made the notification required under section 52(3) of the Act; and c set out the reasons why the person making the request has reason to believe that the ballot may not have been conducted in accordance with regulations 15 to 17. 3 Where Ministers decide to review whether a ballot was conducted in accordance with regulations 15 to 17, they must— a send— i where the review is pursuant to a request under paragraph (1)(a), a copy of the request to the persons mentioned in paragraph (1)(a) (other than whichever of those persons made the request under paragraph (1)(a)) and to the ballotter; or ii where Ministers are acting pursuant to paragraph (1)(b), a notice setting out their reasons to the persons mentioned in paragraph (1)(a) and to the ballotter; and b invite those persons to provide them, so as to be received not later than 21 days after the sending of the invitation, views in writing on the request or, as the case may be, the notice. 4 Ministers must, within 7 days of receiving views sent in accordance with paragraph (3)(b)— a send to the persons mentioned in paragraph (1)(a) and to the ballotter a copy of any views given in response to an invitation under paragraph (3)(b); and b invite those persons to send Ministers, so as to be received not later than 14 days after the sending of the invitation, any further views. 5 Ministers must, within the period specified in paragraph (6),— a consider— i any written views sent in accordance with paragraphs (3) and (4); and ii any information made available to Ministers by the ballotter in accordance with regulation 18(2); b decide whether the ballot was conducted in accordance with regulations 15 to 17; and c send notification to the persons mentioned in paragraph (1)(a) and the ballotter of their decision and the reasons for their decision. 6 The period specified in this paragraph is the period of 28 days beginning with the day after the day on which further views must be received by Ministers in accordance with paragraph (4)(b). 7 Where two or more requests are made under paragraph (1) in relation to the same ballot, Ministers may consider and decide upon those requests together. 8 If Ministers decide that a ballot has not been conducted in accordance with regulations 15 to 17, a further ballot must be conducted in accordance with regulation 20. Conduct of further ballot 20 1 Subject to paragraphs (2) and (3), if, by virtue of regulation 19(8), a further ballot must be conducted, that further ballot must be conducted by a ballotter in accordance with the requirements of regulations 15, 16 and 17(1). 2 In any case where Ministers have given their consent in writing under section 35(1) of the Act, Ministers must provide a copy of the community body’s modified memorandum, articles of association, constitution or registered rules not later than 14 days after the date on which Ministers sent notification in accordance with regulation 19(5)(c). 3 Within 14 days from the date on which Ministers sent notification in accordance with regulation 19(5)(c), the community body must provide to the ballotter the following information— a the name of the community body; b the company number, registration number or charity number of the community body as the case may be; c the contact details for the community body; d a description of the land and any salmon fishings or mineral rights in relation to which the community body is exercising its right to buy; e details of the community body’s proposals for use of the land in relation to which it is exercising its right to buy; f details of where copies of the community body’s proposals can be obtained by members of the community; and g the assessed value of the land and any moveable property which has been valued as notified to the community body by the valuer in accordance with section 60(2) of the Act. 4 The ballotter must, within the period specified in paragraph (5), notify Ministers, the community body, the owner of the land to which the ballot relates and any creditor in a standard security with a right to sell the land of— a the name of the community body; b the date of the further ballot; c the result of the further ballot, including how many votes were spoilt; d the number of persons eligible to vote; e the number of persons eligible to vote who voted, including details of the number of proxy votes cast; f the number of persons eligible to vote who voted in favour of the proposition that the community body buy the land; g the wording of that proposition; and h details of any information provided by the ballotter to persons eligible to vote in the further ballot. 5 The period specified in this paragraph is 35 days from the date on which Ministers sent notification in accordance with regulation 19(5)(c). 6 The expenses of any further ballot conducted in accordance with this regulation are to be met by Ministers. 7 In relation to a further ballot conducted in accordance with this regulation, the ballotter must retain— a all information provided to the ballotter by the community body in accordance with paragraph (3); b all completed ballot papers from the further ballot conducted in accordance with this regulation; c evidence of sending the ballot papers from the further ballot conducted in accordance with this regulation to those persons eligible to vote; d all requests for a proxy vote made under regulation 16(1) in relation to the further ballot conducted in accordance with this regulation; and e a record of all proxy votes permitted in accordance with regulation 16(3) in relation to the further ballot conducted in accordance with this regulation; for a period of 2 years after the date by which the ballot papers must be returned in accordance with regulation 15(3)(c) in any further ballot conducted in accordance with this regulation. 8 Within 28 days of receipt of a request, the ballotter must make available any information, ballot papers, evidence, requests or records mentioned in paragraph (7) for inspection by— a Ministers; or b any person with a right of appeal under section 61 of the Act. PART 8 Consent to right to buy Consent to right to buy under section 51 of the Act: duty to provide information 21 The information that must be provided by a community body in accordance with section 51B(1)(a) of the Act must be— a provided in the form specified in Schedule 12; and b of the kind specified in that Schedule. PART 9 Compensation Procedure for recovering losses and expenses under section 63 of the Act 22 1 A claim for compensation under section 63(1)(a) of the Act in relation to loss or expense incurred in complying with the procedural requirements of Part 2 of the Act must be made within 90 days of the act or event which was last to occur as a result of compliance with those procedural requirements and which gave rise to part or all of the claim. 2 A claim for compensation under section 63(1)(b) of the Act in relation to loss or expense incurred as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57 of the Act must be made within 90 days of— a if at any time following the making of such an order of the Lands Tribunal under section 57(1) of the Act the community body, having failed to comply with the order, gives notice under section 54 of the Act that it no longer wishes to exercise its right to buy the land, the date of that notice; or b in a case where the Lands Tribunal makes an order under section 57(2) of the Act extinguishing the right to buy the land, the date of that order or the date on which any appeal of that order is finally determined or withdrawn. 3 A claim for compensation under section 63(1)(c) of the Act in relation to loss or expense incurred which is attributable to a prohibition imposed under section 37(5)(e) of the Act must be made within 90 days of the date on which Ministers decide whether a community interest in land is to be registered in accordance with section 37 of the Act. 4 A claim for compensation under section 63(1)(d) of the Act in relation to loss or expense incurred as a result of the operation of section 56(3)(a) or (b) of the Act must be made within 90 days of the date of payment of the price in terms of section 56(3)(a) or (b) of the Act. 5 In the event of a claim for compensation in relation to loss or expense being made under more than one of paragraphs (1) to (4), the period of 90 days runs from whichever is the latest date applicable by virtue of any of the paragraphs relevant to the claim. 6 A claim for compensation under section 63(1) of the Act must— a specify under which paragraph or paragraphs of section 63(1) of the Act the loss or expense falls; and b be accompanied by evidence of all losses and expenses incurred. 7 The person making a claim for compensation under section 63(1) of the Act must be informed of the amount of compensation payable, as determined by Ministers, within 40 days of the submission of a claim that is in accordance with the requirements of this regulation. PART 10 REVOCATIONS AND SAVINGS Revocations and savings 23 1 Subject to paragraph (2), the Regulations specified in the table in Schedule 13 are revoked. 2 Notwithstanding their revocation by paragraph (1), the Regulations specified in the table in Schedule 13 continue to have effect in respect of the following— a an application to register a community interest in land made before 15th April 2016; b a community interest in land which relates to an application to register a community interest in land made before 15th April 2016; c any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016; d an application (whether made before, on or after 15th April 2016) under section 57(1) of the Act in respect of land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016; e the exercise of any power of the Lands Tribunal to make an order or to do any other act under section 57 of the Act where such order or act is in relation to a community interest in land that relates to an application to register a community interest in land made before 15th April 2016; f an appeal (whether made before, on or after 15th April 2016) under section 61 of the Act— i against a decision mentioned in subsection (1)(a) or (3)(a) of that section where the appeal is in relation to a decision by Ministers that a community interest in land is to be entered in the Register and that community interest in land relates to an application to register a community interest in land made before 15th April 2016; ii against a decision mentioned in subsection (1)(b) or (3)(b) of that section where the appeal is in relation to a decision by Ministers to give consent to the exercise by a community body of its right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016; iii against a decision mentioned in subsection (2)(a) of that section where the appeal is in relation to a decision by Ministers that a community interest is not to be entered in the Register and the community interest relates to an application to register a community interest in land made before 15th April 2016; or iv against a decision mentioned in subsection (2)(b) of that section where the appeal is in relation to a decision by Ministers not to give consent to the exercise by a community body of its right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016; g the procedure for recovering losses and expenses under section 63(1)(a) of the Act in relation to loss or expense incurred in complying with the procedural requirements of Part 2 of the Act in relation to- i an application to register a community interest in land made before 15th April 2016; ii a community interest in land that relates to an application to register a community interest in land made before 15th April 2016; or iii any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016; h the procedure for recovering losses and expenses under section 63(1)(b) of the Act as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57 of the Act in relation to any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered, or the exercise of such a right, where that interest relates to an application to register a community interest in land made before 15th April 2016; i the procedure for recovering losses and expenses under section 63(1)(c) of the Act attributable to a prohibition imposed under section 37(5)(e) of the Act in relation to an application to register a community interest in land made before 15th April 2016; j the procedure for recovering losses and expenses under section 63(1)(d) of the Act as a result of the operation of section 56(3)(a) or (b) of the Act in relation to the exercise of any right to buy land arising under Part 2 of the Act in which a community interest in land has been registered where that interest relates to an application to register a community interest in land made before 15th April 2016; k an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(a) of the Act in relation to complying with the procedural requirements of Part 2 of the Act in relation to— i an application to register a community interest in land made before 15th April 2016; ii a community interest in land that relates to an application to register a community interest in land made before 15th April 2016; or iii the exercise in accordance with Part 2 of the Act of a right to buy land where the community interest in land relates to an application to register a community interest in land made before 15th April 2016; l an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(b) of the Act in relation to a failure by a community body to comply with an order of the Lands Tribunal under section 57 of the Act concerning a community interest in land that relates to an application to register a community interest in land made before 15th April 2016; m an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(c) of the Act in relation to a prohibition imposed under section 37(5)(e) of the Act concerning an application to register a community interest in land made before 15th April 2016; or n an appeal (whether made before, on or after 15th April 2016) under section 64 of the Act against a decision of Ministers on compensation under section 63(1)(d) of the Act in relation to the operation of section 56(3)(a) or (b) of the Act concerning a community interest in land that relates to an application to register a community interest in land made before 15th April 2016. AILEEN McLEOD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th November 2015