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MODEL
SCOTTISH PARLIAMENT
(as introduced)
An Act of the Scottish Parliament to amend the Land Reform (Scotland) Act 2003 in relation to the
community right to buy; to provide for a right of community bodies to buy land for the purpose of
furthering sustainable development; and for connected purposes.
PART 1
OVERVIEW OF THIS ACT
PART 2
COMMUNITY RIGHT TO BUY
Core provisions
3 Community bodies
(1) In this Part, “community body” means—
(a) a community body, as defined in section 34 of the Land Reform (Scotland) Act 2003,
(b) a body of another description specified in regulations made by the Scottish Ministers.
(2) Regulations under this section are subject to the affirmative procedure.
5 Land
(1) In this Part, “land”—
(a) includes—
(i) bridges and other structures built on or over land,
(ii) inland waters,
(iii) canals,
(iv) the foreshore, being the land between the high and low water marks of
Community Right to Buy (Scotland) Act 2018 3
6 Eligible land
(1) The community right to buy can arise only in respect of eligible land.
(2) Eligible land is any land other than excluded land.
(3) In subsection (2), “excluded land” means—
(a) land on which there is a building or other structure which is an individual’s home,
unless the building or structure is occupied by an individual under a tenancy,
(b) croft land, within the meaning of section 68(2) of the Land Reform (Scotland) Act
2003,
(c) land which is owned or occupied by the Crown by virtue of its having vested as
bona vacantia in the Crown, or its having fallen to the Crown under ultima haeres,
(e) land of such other descriptions or classes as the Scottish Ministers may by
regulations specify.
(4) Regulations under subsection (3)(e) may provide for land pertaining to land mentioned in
subsection (3) to be excluded land.
(5) Regulations under this section are subject to the affirmative procedure.
(d) any creditor in standard security over the land (or any part of the land) is accurately
identified in the application, and
(e) the community the community body relates to has a relevant connection with the land.
(3) For the purposes of subsection (2)(e), a community has a relevant connection with the land
if either—
(a) a significant number of the members of the community have a connection,
(b) the land is sufficiently near to land with which those members of the community
have a connection, or
(c) the land is in or sufficiently near to the area comprising that community.
Registration of application
10 Registration of application
(1) If the Keeper enters an application to exercise the community right to buy into the Register,
the Keeper must notify—
(a) the community body whose application was registered, and
(b) each of the persons mentioned in section 7(4).
(2) In this Part, the “transfer period” means the period of 6 months beginning with the day the
Keeper provides notice to the community body under this section.
(3) If, at the expiry of the transfer period, the body’s exercise of the community right to buy
is not completed, that right of the body in relation to the land to which the application
relates is extinguished.
(4) For the purposes of subsection (3), the community body’s exercise of the right to buy is
completed when the land to which the application relates is transferred under this Part.
11 Prohibition of transfer
(1) No person may during the transfer period, except in accordance with section 13 or 14,
transfer or cause to be transferred any land in relation to which the Keeper has registered
an application to exercise the right to buy.
(2) Any contract or instrument purporting to do so is void.
12 Preparation of documents
It is the duty of the community body to expeditiously prepare any such documents and
deeds necessary to—
(a) effect the transfer of the land to it,
(b) impose any conditions the Scottish Ministers may require to be imposed on the title
to the land.
(2) A community body must send a copy of the documents so executed to the Keeper for the
Keeper to enter into the Register.
PART 3
GENERAL
Community Benefit Societies Act 2014 (as that meaning applies in relation to
community benefit societies);
“Scottish charitable incorporated organisation” has the meaning given by section
49 of the Charities and Trustee Investment (Scotland) Act 2005.”
(6) In subsection (7), for the words “articles of a company which is a community body”
substitute “written constitution of a body which is a community body”.
Interpretation
19 “Lands Tribunal”
In this Act, “Lands Tribunal” means the Lands Tribunal for Scotland.
20 Commencement
This Act comes into force on the day after Royal Assent.
21 Short title
The short title of this Act is the Community Right to Buy (Scotland) Act 2018.