Acts of the Scottish Parliament

2003 asp 2

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd January 2003 and received Royal Assent on 25th February 2003

An Act of the Scottish Parliament to establish statutory public rights of access to land for recreational and other purposes, and to extend some of the provisions for that purpose to rights of way and other rights; to make provision under which bodies representing rural and crofting communities may buy the land with which those communities have a connection; and for connected purposes.

(a) the right to be, for any of the purposes set out in subsection (3) below, on land; and

(b) the right to cross land.

(a) for recreational purposes;

(b) for the purposes of carrying on a relevant educational activity; or

(c) for the purposes of carrying on, commercially or for profit, an activity which the person exercising the right could carry on otherwise than commercially or for profit.

(a) in subsection (2)(a) above to being on land for any of the purposes set out in subsection (3) above is a reference to-

(i) going into, passing over and remaining on it for any of those purposes and then leaving it; or

(ii) any combination of those;

(b) in subsection (2)(b) above to crossing land is a reference to going into it, passing over it and leaving it all for the purpose of getting from one place outside the land to another such place.

(a) furthering the person's understanding of natural or cultural heritage; or

(b) enabling or assisting other persons to further their understanding of natural or cultural heritage.

(a) a person purporting to exercise access rights who, at the same time-

(i) engages in any of the conduct within section 9 below or within any byelaw made under section 12(1)(a)(i) below; or

(ii) does anything which undoes anything done by Scottish Natural Heritage under section 29 below,

is to be taken as not exercising those rights responsibly; and

(b) regard is to be had to whether the person exercising or purporting to exercise access rights is, at the same time-

(i) disregarding the guidance on responsible conduct set out in the Access Code and incumbent on persons exercising access rights; or

(ii) disregarding any request included or which might reasonably be implied in anything done by Scottish Natural Heritage under section 29 below.

(a) to use and manage the land; and

(b) otherwise to conduct the ownership of it,

(a) an owner who contravenes section 14(1) or (3) or 23(2) of this Act or any byelaw made under section 12(1)(a)(ii) below is to be taken as not using, managing or conducting the ownership of the land in a responsible way;

(b) regard is to be had to whether any act or omission occurring in the use, management or conduct of the ownership of the land disregards the guidance on responsible conduct set out in the Access Code and incumbent on the owners of land.

(a) to the extent that there is on it-

(i) a building or other structure or works, plant or fixed machinery;

(ii) a caravan, tent or other place affording a person privacy or shelter;

(b) which-

(i) forms the curtilage of a building which is not a house or of a group of buildings none of which is a house;

(ii) forms a compound or other enclosure containing any such structure, works, plant or fixed machinery as is referred to in paragraph (a)(i) above;

(iii) consists of land contiguous to and used for the purposes of a school; or

(iv) comprises, in relation to a house or any of the places mentioned in paragraph (a)(ii) above, sufficient adjacent land to enable persons living there to have reasonable measures of privacy in that house or place and to ensure that their enjoyment of that house or place is not unreasonably disturbed;

(c) to which, not being land within paragraph (b)(iv) above, two or more persons have rights in common and which is used by those persons as a private garden;

(d) to which public access is, by or under any enactment other than this Act, prohibited, excluded or restricted;

(e) which has been developed or set out-

(i) as a sports or playing field; or

(ii) for a particular recreational purpose;

(f) to which-

(i) for not fewer than 90 days in the year ending on 31st January 2001, members of the public were admitted only on payment; and

(ii) after that date, and for not fewer than 90 days in each year beginning on 1st February 2001, members of the public are, or are to be, so admitted;

(g) on which-

(i) building, civil engineering or demolition works; or

(ii) works being carried out by a statutory undertaker for the purposes of the undertaking,

are being carried out;

(h) which is used for the working of minerals by surface workings (including quarrying);

(i) in which crops have been sown or are growing;

(j) which has been specified in an order under section 11 or in byelaws under section 12 below as land in respect of which access rights are not exercisable.

(a) such planning permission has not been granted; or

(b) such permission was granted subject to a condition which has not been complied with,

(a) the land is being used for the purpose for which it has been developed or set out and, in the case of land which is not a sports or playing field, the exercise of those rights would interfere with the recreational use to which the land is being put;

(b) the land is a golf green, bowling green, cricket square, lawn tennis court or other similar area on which grass is grown and prepared for a particular recreational purpose; or

(c) in the case of land which is a sports or playing field, the surface of the land is comprised of synthetic grass, acrylic, resin or rubber granule.

(a) includes land on which grass is being grown for hay and silage which is at such a late stage of growth that it is likely to be damaged by the exercise of access rights in respect of the land in which it is growing, but otherwise does not include grassland;

(b) does not include headrigs, endrigs or other margins of fields in which crops are growing,

(a) being on or crossing land in breach of an interdict or other order of a court;

(b) being on or crossing land for the purpose of doing anything which is an offence or a breach of an interdict or other order of a court;

(c) hunting, shooting or fishing;

(d) being on or crossing land while responsible for a dog or other animal which is not under proper control;

(e) being on or crossing land for the purpose of taking away, for commercial purposes or for profit, anything in or on the land;

(f) being on or crossing land in or with a motorised vehicle or vessel (other than a vehicle or vessel which has been constructed or adapted for use by a person who has a disability and which is being used by such a person);

(g) being, for any of the purposes set out in section 1(3) above, on land which is a golf course.

(a) those exercising these rights are to be regarded as doing so in a way which is or is not responsible;

(b) persons are to be regarded as carrying on activities, otherwise than in the course of exercising access rights, in a way which is likely to affect the exercise of these rights by other persons;

(c) owners of land in respect of which these rights are exercisable are to be regarded as using and managing, or otherwise conducting the ownership of it, in a way which is or is not responsible;

(d) owners of land in respect of which these rights are not exercisable are to be regarded as using and managing, or otherwise conducting the ownership of it, in a way which is likely to affect the exercise of these rights on land which is contiguous to that land.

(a) approve it, with or without modifications; or

(b) reject it.

(a) Scottish Natural Heritage and local authorities to publicise the Access Code;

(b) Scottish Natural Heritage to promote understanding of it.

(a) consult the owner of the land to which it would relate, the local access forum established by them and such other persons as they think appropriate; and

(b) give public notice of the intended purpose and effect of the proposed order,

(a) copies of any objections made in response to the invitation under subsection (2) above; and

(b) any other representations made to them,

(a) shall not confirm such an order without considering any objections or representations sent to them under subsection (4) above; and

(b) may cause an inquiry to be held for the purposes of enabling them to decide whether to confirm the order.

(a) confirm the order, with or without modifications; or

(b) refuse to confirm it.

(a) where the order does not require to be confirmed by Ministers, from the date on which it is made or such other date as may be specified in it for the purpose; or

(b) where the order requires to be so confirmed, from such date as is specified in it for the purpose or such other date as Ministers may direct when confirming it.

(a) but for the revocation or amendment; or, as the case may be

(b) by virtue of the amendment or re-enactment,

(a) for the period of two years beginning on the day on which the order takes effect;

(b) where the order specifies that it is to cease to have effect for such shorter period as may be specified in the order, for that shorter period; or

(c) where the order is revoked with effect from a day which falls before the end of that period or, as the case may be, that shorter period, until that day.

(a) for the period of two years beginning on the day on which the order would otherwise have ceased to have effect under subsection (12)(a) or (b) above (or, as the case may be, under this paragraph or paragraph (b) below);

(b) where the order (as amended or re-enacted) specifies that it is to cease to have effect for such shorter period as may be specified in the order, for that shorter period; or

(c) where the order is revoked with effect from a day which falls before the end of that period or, as the case may be, that shorter period, until that day.

(a) making provision further or supplementary to that made-

(i) by sections 2 and 9 and under section 4 above as to the responsible exercise of access rights; and

(ii) by section 3(2) and under section 4 above as to the responsible use, management and conduct of the ownership of the land;

(b) specifying land for the purposes of section 6(j) above;

(c) providing for-

(i) the preservation of public order and safety;

(ii) the prevention of damage;

(iii) the prevention of nuisance or danger;

(iv) the conservation or enhancement of natural or cultural heritage.

(a) prohibit, restrict or regulate the exercise of access rights;

(b) facilitate their exercise;

(c) so as to protect and further the interests of persons who are exercising or who might exercise access rights, prohibit or regulate-

(i) the use of vehicles or vessels;

(ii) the taking place of sporting and recreational activities;

(iii) the conduct of any trade or business;

(iv) the depositing or leaving of rubbish or litter; and

(v) the lighting of fires and the doing of anything likely to cause a fire,

(a) any public right of way or navigation; or

(b) the functions of a statutory undertaker.

(a) every community council whose area includes an area to which the proposed byelaws would apply;

(b) the owners of land to which the proposed byelaws would apply;

(c) such persons as appear to them to be representative of the interests of those who live, work, carry on business or engage in recreational activities on any land affected by the proposed byelaws;

(d) the local access forum established by them;

(e) every statutory undertaker which carries on its undertaking on land to which the proposed byelaws would apply;

(f) Scottish Natural Heritage; and

(g) such other persons as they think fit.

(a) put up any sign or notice;

(b) put up any fence or wall, or plant, grow or permit to grow any hedge, tree or other vegetation;

(c) position or leave at large any animal;

(d) carry out any agricultural or other operation on the land; or

(e) take, or fail to take, any other action.

(a) remove the sign or notice; or, as the case may be,

(b) take the remedial action specified in the notice served under subsection (2) above,

(a) for public notice of the making of summary applications for the purposes of this section;

(b) for enabling persons interested in the exercise of access rights over the land to which a summary application relates, and persons or bodies representative of such persons, to be parties to the proceedings;

(c) for limiting the number of persons and bodies who may be such parties.

(a) to warn the public of and protect the public from danger on any land in respect of which access rights are exercisable;

(b) to indicate or enclose, or to give directions to, any such land.

(a) have regard to the extent to which there are existing facilities in their area for the purposes of assisting persons to exercise access rights; and

(b) have regard to the needs of persons with disabilities.

(a) acquire it by agreement (whether by purchase, feu, lease or excambion); or

(b) with the consent of Ministers, acquire it compulsorily.

(a) land in respect of which access rights do not extend by virtue of section 6(1)(a)(ii), (d), (e) or (f) above;

(b) land which has been exempted by order made by the local authority under section 11(1) of this Act.

(a) rights of way by foot, horseback, pedal cycle or any combination of those, being rights which are or may be established by or under any enactment or rule of law;

(b) paths, footways, footpaths, cycle tracks or other means of access (however described but not falling within paragraph (a) above) which are or may be provided by or under any enactment other than this Act;

(c) paths which are or may be delineated by a path agreement under section 21 or a path order under section 22 below;

(d) other routes, waterways or other means by which persons may cross land.

(a) the likelihood that persons exercising rights of way and access rights will do so by using core paths;

(b) the desirability of encouraging such persons to use core paths; and

(c) the need to balance the exercise of those rights and the interests of the owner of the land in respect of which those rights are exercisable.

(a) give public notice of the plan drawn up by them under section 17 above and any maps it refers to;

(b) make the plan and any such maps available thereafter for public inspection for a period of not less than 12 weeks; and

(c) consult-

(i) the local access forum for their area;

(ii) persons representative of those who live, work, carry on business or engage (or would be likely to engage) in recreational activities on the land on which it is proposed that there be core paths;

(iii) Scottish Natural Heritage; and

(iv) such other persons as the local authority think fit,

in each case inviting objections and representations to be made to them within such period as they specify.

(a) give public notice of its adoption;

(b) compile a list of core paths;

(c) keep the plan, any maps it refers to and the list available for public inspection and for sale at a reasonable price; and

(d) send a copy of each of those documents to Ministers.

(a) maintaining a core path;

(b) keeping a core path free from obstruction or encroachment;

(c) providing the public with directions to, or with an indication of the extent of, a core path.

(a) at such times as they consider appropriate; and

(b) on Ministers requiring them to do so,

(a) a core path should be removed from the plan; or

(b) the line of a core path, or part of that line, should be diverted,

(a) the extent to which it appears to them that persons would, but for the amendment, be likely to exercise access rights using the core path; and

(b) the effect which the amendment of the plan would have as respects land served by the core path.

(a) delineating an existing path, they have the duty of maintaining it;

(b) delineating a new path, they have the duty of creating and maintaining it.

(a) have, by virtue of any provision of this Part of this Act, not been exercisable over any land consisting of a public path created under sections 30 to 36 of the Countryside (Scotland) Act 1967 (c.86); but

(b) become exercisable over that land,

(a) take all necessary steps to reinstate the path or, as the case may be, right of way; and

(b) recover from the owner their reasonable expenses in doing so.

(a) to advise and assist the owner of the land and other members of the public as to any matter relating to the exercise of access rights in respect of the land; and

(b) to perform such other duties in relation to the exercise of those rights in respect of that land as the local authority determine.

(a) to advise the local authority and any other person or body consulting the forum on matters having to do with the exercise of access rights, the existence and delineation of rights of way or the drawing up and adoption of a plan for a system of core paths under sections 17 and 18 above;

(b) to offer and, where the offer is accepted, to give assistance to the parties to any dispute about-

(i) the exercise of access rights;

(ii) the existence and delineation of rights of way;

(iii) the drawing up and adoption of the plan referred to in paragraph (a) above; or

(iv) the use of core paths,

towards the resolution of the dispute.

(a) ensuring reasonable representation in the forum of-

(i) bodies representative of persons with an interest in any of the matters mentioned in subsection (2)(b)(i) to (iv) above;

(ii) persons having such an interest;

(iii) bodies representative of the owners of land in respect of which access rights are exercisable or in which there is a core path; and

(iv) owners of such land, and

(b) ensuring a reasonable balance among those mentioned in sub-paragraphs (i) to (iv) of paragraph (a) above.

(a) at a reasonable time; and

(b) on giving reasonable notice to the owner of the land.

(a) in case of emergency; or

(b) in relation to the exercise by a local authority of any of their powers under sections 15(1)(a) and (4) and 19 above in relation to land which is a core path.

(a) consult each (or the) local authority to whom they propose to give it; and

(b) lay a draft of the proposed guidance before the Scottish Parliament;

(a) to declare that the land specified in the application is or, as the case may be, is not land in respect of which access rights are exercisable;

(b) to declare-

(i) whether a person who has exercised or purported to exercise access rights has exercised those rights responsibly for the purposes of section 2 above;

(ii) whether the owner of land in respect of which access rights are exercisable is using, managing or conducting the ownership of the land in a way which is, for the purposes of section 3 above, responsible.

(a) for the circumstances in which (including any time periods within which) a summary application may be made for the purposes of this section;

(b) for public notice of the making of summary applications for the purposes of this section;

(c) for enabling persons interested in the exercise of access rights over specific land or, as the case may be, in the existence of a right of way over specific land and persons or bodies representative of such persons to be parties to the proceedings;

(d) for limiting the number of persons and bodies who may be such parties.

(a) within 2 years of the coming into force of this section, to review those of its byelaws which so provide or relate and are in force at the time of the review; and

(b) to modify any of those byelaws which are inconsistent with the provisions of this Act (including any made under it) as they apply to that land so as to make them consistent.

"Access Code" means the Scottish Outdoor Access Code issued by Scottish Natural Heritage under section 10 above;

"canals" means inland waterways within the meaning of section 92 (interpretation) of the Transport Act 1962 (c.46);

"core path" means a path, waterway or any other means of crossing land such as is mentioned in section 17(2) above which is set out in a plan adopted under section 18 above or, as the case may be, such a plan as amended under section 20 above;

"cultural heritage" includes structures and other remains resulting from human activity of all periods, traditions, ways of life and the historic, artistic and literary associations of people, places and landscapes;

"inland waters" means any inland, non-tidal loch, river (to the extent that it is non-tidal), lake or reservoir, whether natural or artificial and whether navigable or not, and includes the bed and the shores or banks thereof;

"land" includes-

(a) bridges and other structures built on or over land;

(b) inland waters;

(c) canals; and

(d) the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides;

"local authority" in relation to specific land in respect of which access rights are or would, but for a provision of or order made under this Act, be exercisable means-

(a) where the land is, on the day on which this section comes into force, within an area designated as a National Park under the National Parks (Scotland) Act 2000 (asp 10), the National Park authority for that National Park; and

(b) in any other case, the council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39)) whose area includes that land;

"natural heritage" includes the flora and fauna of land, its geological and physiographical features and its natural beauty and amenity;

"owner", in relation to land, means-

(a) the owner of the land; and

(b) where the owner is not in natural possession of the land, the person who is entitled to such natural possession;

"statutory undertaker" means-

(a) a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power;

(b) the operator of a telecommunications code system;

(c) an airport operator (within the meaning of the Airports Act 1986 (c.31)) operating an airport to which Part V of that Act applies;

(d) a gas transporter, within the meaning of Part I of the Gas Act 1986 (c.44);

(e) Scottish Water;

(f) a holder of a licence under section 6(1) of the Electricity Act 1989 (c.29);

(g) the Civil Aviation Authority or a holder of a licence under Chapter I of Part I of the Transport Act 2000 (c.38) (to the extent that the person holding the licence is carrying out activities authorised by it);

(h) the Scottish Environment Protection Agency; or

(i) a universal postal service provider within the meaning of the Postal Services Act 2000 (c.26);

and "undertaking" means the undertaking of such a statutory undertaker; and

"telecommunications code system" and "operator", in relation to such a system, have the same meanings in this Part of this Act as they have in the Telecommunications Act 1984 (c.12).

(a) may have regard to factors relating to population and to such other factors associated with or characteristic of the land as they think fit; and

(b) shall secure that registrable land is land appearing to them to be rural.

(a) a map showing the boundaries of that land; or

(b) a reference to such a map.

(a) salmon fishings; or

(b) mineral rights,

(a) a definition of the community to which the company relates;

(b) provision enabling the company to exercise the right to buy land under this Part of this Act;

(c) provision that the company must have not fewer than 20 members;

(d) provision that the majority of the members of the company is to consist of members of the community;

(e) provision whereby the members of the company who consist of members of the community have control of the company;

(f) provision ensuring proper arrangements for the financial management of the company and the auditing of its accounts;

(g) provision that any surplus funds or assets of the company are to be applied for the benefit of the community; and

(h) provision that, on the winding up of the company and after satisfaction of its liabilities, its property (including any land acquired by it under this Part of this Act) passes-

(i) to such other community body or crofting community body as may be approved by Ministers; or

(ii) if no other community body or crofting community body is so approved, to Ministers or to such charity as Ministers may direct.

(a) shall be defined for the purposes of subsection (1)(a) above by reference to a postcode unit or postcode units; and

(b) shall comprise the persons from time to time-

(i) resident in that postcode unit or in one of those postcode units; and

(ii) entitled to vote, at a local government election, in a polling district which includes that postcode unit or those postcode units (or part of it or them).

(a) the interest remains registered; or, as the case may be,

(b) the land remains in its ownership,

(a) the name and address of the registered office of the company which constitutes the community body which has registered the interest;

(b) a copy of the application for registration under section 37 below;

(c) a copy of the notice of prohibition under section 37(5)(e) below;

(d) a copy of the notice sent under section 37(17) below of Ministers' decision that the interest is to be entered in the Register;

(e) the date of registration;

(f) a description of the land, including maps, plans or other drawings (prepared to such specifications as are prescribed);

(g) the date when the registration will, under section 44 below, cease to have effect;

(h) the date of any deletion of the interest under section 45 or 54 below;

(i) a copy of any notification under section 48 below;

(j) a copy of any notice sent under section 49 below;

(k) a copy of any confirmation received in pursuance of that section;

(l) a copy of any notice sent under section 50(3) below;

(m) a copy of any decision as to consent given under section 51 below;

(n) a copy of any notice given under section 54 below;

(o) in the case of each copy document referred to in this subsection, the date of the original;

(p) such other information as Ministers consider appropriate.

(a) that the Register is, at all reasonable times, available for public inspection free of charge;

(b) that members of the public are given facilities for getting copies of entries in the Register on payment of such charges as may be prescribed; and

(c) that any person requesting it is, on payment of such a charge, supplied with an extract entry certified to be a true copy of the original.

(a) the Keeper of the Registers of Scotland; or

(b) such other person as Ministers may appoint to carry out the Keeper's functions under this Part of the Act.

(a) placing an advertisement, in two consecutive weeks, in a local newspaper circulating in the area where the land in which a community interest is sought is situated; and

(b) affixing a conspicuous notice in the prescribed form to a part of that land.

(a) send a copy of the application and the accompanying information to the owner of the land and to any creditor in a standard security over an interest in the land;

(b) invite the owner of the land to send them, so as to be received not later than 21 days after the sending of the invitation, views in writing on the application;

(c) where there is a standard security over an interest in any land to which the application relates, invite the creditor in the security-

(i) to notify the community body and Ministers, within 21 days of receipt of the invitation, if any of the circumstances set out in subsection (6) below has arisen (or arises within 21 days of receipt of the invitation); and

(ii) if such notice is given, to provide Ministers, within that time, with the creditor's views in writing on the application;

(d) send a copy of the invitation under paragraph (b) above and a copy of any invitation under paragraph (c) above to the community body; and

(e) by notice sent to-

(i) the owner of the land; and

(ii) any creditor in a standard security over an interest in the land,

prohibit the owner and any such creditor from taking, during the period beginning with the date on which the owner or, as the case may be, the creditor receives the notice and ending on the date on which Ministers determine whether an interest is to be registered, any action which, if the interest had been registered, would be prohibited under section 40(1) below.

(a) a calling-up notice has been served by the creditor under section 19 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) in relation to the land in which the community body is seeking to register an interest or any part of that land and that notice has not been complied with;

(b) a notice of default served by the creditor under section 21 of that Act in relation to that land or any part of that land has not been complied with and the person on whom the notice was served has not, within the period specified in section 22 of that Act, objected to the notice by way of application to the court;

(c) where that person has so objected, the court has upheld or varied the notice of default; and

(d) the court has granted the creditor a warrant under section 24 of that Act in relation to that land or any part of that land.

(a) each application received by them, together with a copy of the accompanying information;

(b) each notice sent under subsection (5)(e) above,

(a) send a copy of any timeous response to an invitation given under subsection (5)(b) or (c) above to the community body; and

(b) invite it to send them, so as to be received not later than 21 days after the invitation under this subsection, its views in writing on that response.

(a) does not comply with the requirements of or imposed under this section;

(b) is otherwise incomplete;

(c) discloses that any land to which it relates is not registrable land; or

(d) otherwise indicates that it is one which Ministers would be bound to reject;

(a) to the applicant community body;

(b) to the owner of the land; and

(c) where a creditor in a standard security has notified Ministers timeously in response to an invitation given under subsection (5)(c)(i) above, to the creditor.

(a) contain information about the effect of registration of a community interest or, as the case may be, of Ministers' decision that such an interest is not to be entered in the Register and about the rights of appeal under section 61 below; and

(b) be in the prescribed form.

(a) that the land is registrable land;

(b) that-

(i) a significant number of the members of the community defined under section 34(1)(a) above have a substantial connection with the land; or

(ii) the land is sufficiently near to land with which those members of that community have a substantial connection and that its acquisition by the community body is compatible with furthering the achievement of sustainable development;

(c) where the land is salmon fishings or mineral rights, that the community body-

(i) has registered or is registering an interest in; or

(ii) has acquired or is acquiring,

other land containing or contiguous to the waters in which those salmon fishings exist or the land in which those mineral rights are exigible;

(d) that there is within the community a level of support sufficient to justify such registration; and

(e) that it is in the public interest that the community interest be so registered.

(a) shall regard an indication of the approval of one tenth or more of the members of the community; and

(b) may regard an indication of the approval of less than one tenth of those members,

(a) where the application is received by Ministers-

(i) after the date on which the owner of the land or, as the case may be, a creditor in a standard security with a right to sell the land has taken action which, if a community interest had been registered, would be prohibited under section 40(1) below; and

(ii) before the date on which-

(A) missives for the sale and purchase of the land are concluded; or

(B) an option to acquire the land is conferred,

in pursuance of that action; or

(b) where another community body has registered an interest in the land, where the application is received by Ministers-

(i) after the date on which the owner of the land or, as the case may be, such a creditor has, under section 48(1) below, notified that community body that a transfer is proposed; and

(ii) before Ministers have consented, under section 51(1) below, to a transfer to that community body.

(a) the owner of the land or, as the case may be, such a creditor shall, on receipt of an invitation under section 37 above, inform Ministers that this section applies; and

(b) the procedure for registering community interests in land set out in section 37 above is, for the purposes of the application, subject to the following modifications-

(i) paragraph (b) of subsection (9) does not apply; and

(ii) in subsection (17), for "63" there is substituted "30".

(a) that there were good reasons why the community body did not secure the receipt of an application before the owner of the land or, as the case may be, the creditor took the action, or gave the notice, such as is mentioned in subsection (1) above;

(b) that the level of support within the community for such registration is significantly greater than that which Ministers would, by virtue of subsection (2) of that section, have considered sufficient for the purposes of subsection (1)(d) of that section had the application been received before that action was taken or, as the case may be, the notice was given; and

(c) that the factors bearing on whether it is or is not in the public interest that the community interest be registered are strongly indicative that it is.

(a) the owner of the land is, for the purposes of this Part of this Act (other than section 59(4)), deemed to have, on the date on which that interest is so registered, given notice under section 48(1) below that a transfer is proposed;

(b) section 49 below does not apply in so far as it relates to that interest; and

(c) for the purposes of sections 55(2) and (4), 56(3), 59(1) and 65(1)(a) below, the community body is deemed to have sent the confirmation which Ministers would, had section 49 below applied, have required to seek under subsection (2)(a) of that section on the date on which the interest is registered.

(a) shall decline to consider the application; and

(b) shall be relieved of their duties under subsections (5) to (10), and paragraphs (b) and (c) of subsection (17), of section 37 above in relation to that application.

(a) transferring that land (or any land of which that land forms part); or

(b) taking any action with a view to the transfer of that land (or any land of which that land forms part),

(a) a transfer otherwise than for value;

(b) a transfer in implement or pursuance of an order of a court (other than an order under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) or a decree in an action for the division and sale of land);

(c) a transfer between spouses in pursuance of an arrangement between them entered into at any time after they have ceased living together;

(d) a transfer of croft land to the crofter tenanting it;

(e) a transfer between companies in the same group;

(f) a transfer to a statutory undertaker for the purpose of carrying on their undertaking;

(g) a transfer-

(i) implementing the compulsory acquisition of the land under an enactment;

(ii) by agreement, of land which could have been acquired compulsorily under an enactment;

(iii) implementing any right conferred by or under this Part or Part 3 of this Act;

(iv) implementing missives for the sale and purchase of land concluded, or an option to acquire land which existed, on a date on which the Register did not contain a community interest, or an application to register a community interest, in the land;

(v) conveying a house to a person who has purchased it in pursuance of the tenant's right to buy it under Part III of the Housing (Scotland) Act 1987 (c.26) ("the 1987 Act");

(vi) which requires, or which but for the provisions of section 14 of the 1987 Act would require, the consent of Ministers under subsection (5) or (7) of section 12 of the 1987 Act;

(vii) under section 65 of the Housing (Scotland) Act 2001 (asp 10); or

(viii) vesting the land in a person for the purposes of any enactment relating to sequestration, bankruptcy, winding up or incapacity or to the purposes for which judicial factors may be appointed; and

(h) a transfer of land in consequence of-

(i) the assumption or resignation or death of one or more of the partners in a firm; or

(ii) the assumption or resignation or death of one or more of the trustees of a trust.

(a) the land is, by or with the authority of the owner of the land or a creditor in a standard security with a right to sell the land, advertised or otherwise exposed for sale;

(b) the owner or such a creditor, or a person acting on behalf of the owner or such a creditor, enters into negotiations with another with a view to the transfer of the land; or

(c) the owner or such a creditor, or a person acting on behalf of the owner or such a creditor, proceeds further with any proposed transfer of the land which was initiated prior to the date on which the interest was registered.

(a) specifying which provision of subsection (4) of section 40 above operates so as to make the transfer one to which subsection (1) of that section does not apply; and

(b) where the provision so specified is paragraph (a), (e) or (h) of that subsection, stating that the transfer does not form part of a scheme or arrangement, and is not one of a series, such as is mentioned in subsection (1) above.

(a) ceased to have effect under section 44(1) or (4) above; or

(b) been deleted under section 45(1) above.

(a) the community body, or bodies, in respect of which the interest is registered; and

(b) Ministers.

(a) send to the community body which has registered the interest in the land a notice in the prescribed form seeking its confirmation in writing that it will exercise its right to buy the land; and

(b) send to the owner of the land a notice in the prescribed form narrating their compliance with paragraph (a) above.

(a) the notice sent under subsection (2)(a) above; and

(b) any confirmation received by them in pursuance of this section,

(a) the owner of that land, or a creditor in a standard security with a right to sell that land, has acted in breach of a prohibition under-

(i) subsection (5)(e) of section 37 above; or

(ii) section 40(1) above; and

(b) each of the conditions set out in subsection (2) below is met,

(a) that the action referred to in subsection (1)(a) above occurred during the period of ten years immediately prior to the date on which the application was made;

(b) that the land has, during such period, not ceased to be registrable land;

(c) that the community interest in the land which had been registered, or applied for, before the action referred to in subsection (1)(a) above remains in effect or another has, since then, been registered; and

(d) that Ministers have not, on or after the date on which the action referred to in subsection (1)(a) above occurred, received, or been deemed to have received, written notice under subsection (1) of section 54 below from the community body which had, on that date, registered, or applied to register, an interest in the land.

(a) give notice of the Tribunal's determination to each community body which-

(i) had registered, or had applied to register, an interest in the land on the date on which the action referred to in subsection (1)(a) above occurred; and

(ii) has such an interest on the date on which the notice is served; and

(b) send a copy of the notice to the owner of the land and to the Keeper.

(a) the approval of the community; and

(b) the consent of Ministers.

(a) that-

(i) at least half of the members of the community, as defined for the purposes of section 34(1)(a) above, have voted in a ballot conducted by the community body on the question whether the community body should buy the land; or

(ii) where less than half of the members of the community have so voted, the proportion which did vote is, in the circumstances, sufficient to justify the community body's proceeding to buy the land; and

(b) that the majority of those voting have voted in favour of the proposition that the community body buy the land.

(a) that the land is registrable land;

(b) that the community body continues to comply with the provisions of section 34 above;

(c) that what the community body proposes to do with the land is compatible with furthering the achievement of sustainable development;

(d) that the proposed purchase of the land is in the public interest; and

(e) that there has not, since the date on which they decided the community body's interest should be registered, been a change in any matters to the extent that, if the application to register the community interest were made afresh, they would decide that the interest is not to be entered in the Register.

(a) where one community body has confirmed that it will exercise its right to buy the land, the 21 days following receipt of notification, under section 52(3) below, of the result of the ballot conducted by the body; or

(b) where two or more community bodies have confirmed that they will exercise their right to buy the land, the 21 days following receipt of such notification in respect of the last of the ballots conducted by those bodies.

(a) the result;

(b) the number of persons eligible to vote;

(c) the number who voted; and

(d) the number who voted in favour of the proposition mentioned in section 51(2)(b) above,

(a) when the valuer notified the community body under section 60(2) below of the assessed value of the land and any moveable property; or

(b) where the price assessed by the appointed valuer is the subject of appeal, the date on which the price is determined on appeal as mentioned in subsection (2) of section 56 below or settled as mentioned in subsection (2)(a) of that section.

(a) the salmon fishings are in waters which are within or contiguous to;

(b) where in separate ownership from the land, the mineral rights are exercisable within,

(a) send a copy of it to the Keeper and direct the Keeper to delete the community interest from the Register; and

(b) notify the owner of the land of that fact.

(a) Ministers; and

(b) each community body which has registered an interest in the land.

(a) the other community body's right to buy the land is extinguished; and

(b) they shall-

(i) direct the Keeper to delete its interest from the Register; and

(ii) notify the owner of the land and the community bodies of that fact.

(a) the community body's right to buy the land is extinguished; and

(b) they shall-

(i) direct the Keeper to delete its interest from the Register; and

(ii) notify the owner of the land, the crofting community body and the community body of that fact.

(a) agreed between the community body and the owner of the land; or

(b) where no such agreement is reached, equal to-

(i) the value assessed by the appointed valuer; or

(ii) if that value is the subject of an appeal under section 62 below, the value determined by the appeal,

(a) a date not later than 6 months from the date when the community body sent the confirmation sought by Ministers under section 49(2)(a) above of its intention to buy;

(b) where the price assessed by the appointed valuer is the subject of an appeal under section 62 below which has not, within the period of 4 months after the date when the community body sent that confirmation, been-

(i) determined; or

(ii) abandoned following agreement between the community body and the owner of the land,

a date not later than 2 months after the appeal is so determined or, as the case may be, abandoned; or

(c) such later date as may be agreed between the community body and the owner of the land.

(a) direct the Keeper to delete its interest in the land from the Register; and

(b) notify the owner of the land of that fact.

(a) concluding missives with the owner of the land for its sale to the community body;

(b) if the community body has not so concluded missives, taking all steps which, in the opinion of the Lands Tribunal, it could reasonably have taken in the time available towards so concluding missives short of applying to the Lands Tribunal for an order under section 57 below; and

(c) where-

(i) paragraph (b) above applies;

(ii) all such steps as are there mentioned have been taken; and

(iii) there has been, in the opinion of the Lands Tribunal, reasonably sufficient time also to apply to the Lands Tribunal for an order under section 57 below,

applying to the Lands Tribunal accordingly.

(a) fails to comply with an order under subsection (1) above; and

(b) has not, within the time in which remedial action specified in such order is required to be taken, given notice under section 54 above to Ministers that it no longer wishes to exercise its right to buy the land,

(a) direct the Keeper to delete the community body's interest from the Register; and

(b) notify the owner of the land of that fact.

(a) fails to comply with an order under subsection (1) above; and

(b) has not, within the time in which remedial action specified in such order is required to be taken, given notice under section 54 above to Ministers and the community body that the owner of the land no longer wishes to proceed with the transfer of the land,

(a) to prepare the documents necessary to effect the transfer; and

(b) in so doing, to ensure that the land in respect of which the right to buy has arisen is the same as the land to be transferred.

(a) equal to the value assessed by the appointed valuer; or

(b) determined by an appeal.

(a) to make available to the community body such deeds and other documents as are sufficient to enable the body to proceed to complete its title to the land; and

(b) to transfer title accordingly.

(a) does not act on behalf of the owner of the land or the community body which is exercising its right to buy the land; and

(b) shall act as an expert and not as an arbiter.

(a) as at the date of notification under section 48(1) above which gave rise to the right to buy the land; or

(b) in a case where the community body's interest was registered in pursuance of an application to which section 39 above applied, as at the date of Ministers' receipt of that application.

(a) the value it would have on the open market as between a seller and a buyer both of whom are, as respects the transaction, willing; and

(b) where a community body is exercising a right to buy which has arisen in relation to part only of the land in respect of which the owner has given notice under section 48(1) above that a transfer is proposed, the amount of any diminution in the value of the other part of that land which is attributable to the fact that part only of the land is being bought by the body.

(a) account may be taken, insofar as a seller and a buyer of the land such as are mentioned in subsection (6) above would do so, of any factor attributable to the known existence of a person who (not being the community body which is exercising its right to buy the land) would be willing to buy the land at a price higher than other persons because of a characteristic of the land which relates peculiarly to that person's interest in buying it;

(b) no account shall be taken of-

(i) the registration of an interest in or the exercise of a right to buy the land by a community body under this Part of this Act;

(ii) the absence of the period of time during which the land would, on the open market, be likely to be advertised and exposed for sale;

(iii) any depreciation in the value of any other land owned by the seller;

(iv) the expenses of the valuation or otherwise related to the sale and purchase of the land.

(a) a decision by Ministers that a community interest in the land is to be entered in the Register; or

(b) a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.

(a) a decision by Ministers that its community interest is not to be entered in the Register; or

(b) a decision by Ministers not to give consent to the exercise by the community body of its right to buy.

(a) a decision by Ministers that a community interest in land is to be entered in the Register on the application of the community body; or

(b) a decision by Ministers to consent to the exercise of the community body's right to buy land.

(a) under subsection (1) above the owner shall intimate that fact to-

(i) the community body; and

(ii) Ministers;

(b) under subsection (2) above the community body shall intimate that fact to-

(i) the owner; and

(ii) Ministers; or

(c) under subsection (3) above the member of the community shall intimate that fact to-

(i) the community body;

(ii) the owner; and

(iii) Ministers.

(a) may require rectification of the Register;

(b) may impose conditions upon the appellant;

(c) is final.

(a) the land;

(b) any moveable property used in connection with, and being sold with, the land; or

(c) both the land and any such moveable property.

(a) in complying with the procedural requirements of this Part of this Act;

(b) as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57 above;

(c) attributable to a prohibition imposed under subsection (5)(e) of section 37 above; or

(d) as a result of the operation of paragraph (a) or (b) of section 56(3) above,

(a) suspended as from the date when the community body sends the confirmation sought by Ministers under section 49(2)(a) above of its intention to buy the land; and

(b) revived-

(i) when the transfer under this Part of this Act of the land to the community body is completed; or

(ii) if such a transfer is not completed because the community body does not (by virtue of declining, under section 54 above, to buy the land or for any other reason) proceed to buy the land.

(a) Part 3 of this Act;

(b) section 12 of the Crofters (Scotland) Act 1993 (c.44);

(c) any order under that Act of the Land Court in favour of the crofter;

(d) the provisions of Part III of the Housing (Scotland) Act 1987 (c.26) relating to a person's right to purchase the house of which the person is a tenant,

(a) affects the operation of an inhibition on the sale of the land;

(b) prevents an action of adjudication from proceeding; or

(c) affects the commencement, execution or operation of any other diligence.

(a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35); or

(b) a warrant granted under section 24(1) of that Act.

(a) land within the meaning of "croft" given by section 3 (meaning of "croft" and "crofter") of the Crofters (Scotland) Act 1993 (c.44) ("the 1993 Act") together with any land or right which is deemed by subsections (4) or (5) of that section to be a croft or part thereof (including arable machair and scattalds);

(b) any land in which a tenant of a croft, whether alone or in common with others, has a right of pasture or grazing;

(c) any land-

(i) comprising any part of a common grazing held by a tenant of a croft; or

(ii) held runrig by a tenant of a croft,

which has not been apportioned for the exclusive use of a tenant of a croft under section 52 of the 1993 Act; and

(d) any land which consists of salmon fishings in inland waters within or contiguous to, or mineral rights (other than rights to oil, coal, gas, gold or silver) in, land referred to in paragraphs (a) to (c) above (including any such fishings or rights which are owned separately from that land).

(a) a reference to its being occupied otherwise than permanently; and

(b) a reference to its being occupied by way of the occupation by its owner of any dwellinghouse on or pertaining to it.

(a) where-

(i) it is simultaneously applying; or

(ii) it has made an application in respect of which Ministers have not made a decision,

to buy the croft land to which such fishings or rights relate; or

(b) during the relevant period.

(a) has provided confirmation under section 85(1) below of its intention to proceed to buy the croft land to which the fishings or rights relate; or

(b) has bought and retained that related croft land in accordance with the provisions of this Part of this Act.

(a) where the crofting community body does not proceed to exercise its right to buy that related croft land, on the date on which it withdraws, under section 85(2) below, its confirmation to so proceed; or

(b) where the crofting community body has bought and retained that related croft land-

(i) in relation to salmon fishings, one year; or

(ii) in relation to mineral rights, five years,

after the date on which the crofting community body bought that land.

"eligible additional land" means, in relation to a crofting community body, land-

(a) any part of which is contiguous to the eligible croft land which is being bought by the body; and

(b) owned by the owner of such eligible croft land,

other than land which consists of salmon fishings in inland waters within or contiguous to, or mineral rights in, such land; and

"eligible sporting interests" means the rights of a person other than the owner of eligible croft land under any lease or other contract to shoot or fish on the land.

(a) a definition of the crofting community to which the company relates;

(b) provision enabling the company to exercise the right to buy land and sporting interests under this Part of this Act;

(c) provision that the company must have not fewer than 20 members;

(d) provision whereby the majority of the members of the company is to consist of members of the crofting community;

(e) provision whereby the members of the company who consist of members of the crofting community have control of the company;

(f) provision ensuring proper arrangements for the financial management of the company and the auditing of its accounts;

(g) provision that any surplus funds or assets of the company are to be applied for the benefit of the crofting community; and

(h) provision that on the winding up of the company and after satisfaction of its liabilities, its property (including any land and sporting interests acquired by it under this Part of this Act) passes-

(i) to such other crofting community body or community body as may be approved by Ministers; or

(ii) if no other such body is so approved, to Ministers or to such charity as Ministers may direct.

(a) as those persons who-

(i) are resident in the crofting township which is situated in or otherwise associated with the croft land which the crofting community body has a right to buy under this Part of this Act; or

(ii) being tenants of crofts in that crofting township, are resident in any other place within sixteen kilometres of that township,

and who are entitled to vote in local government elections in the polling district or districts in which that township or, as the case may be, that other place is situated; or

(b) if, in Ministers' opinion, it is inappropriate so to define the crofting community, in such other way as Ministers approve for the purposes of this paragraph.

(a) any two or more crofts which share the right to use a common grazing together with that common grazing and any houses pertaining to or contiguous to those crofts or that common grazing; or

(b) any combination of two or more crofting townships within that meaning.

(a) the location and boundaries of the land or sporting interests in respect of which the right to buy is sought to be exercised (the "subjects of the application");

(b) all-

(i) rights and interests in the subjects of the application;

(ii) sewers, pipes, lines, watercourses or other conduits and fences, dykes, ditches or other boundaries in or on the land,

known to the applicant body or the existence of which it is, on reasonably diligent inquiry, capable of ascertaining;

(c) whether the crofting community body proposes to exclude from the eligible croft land which it proposes to buy-

(i) salmon fishings in inland waters within or contiguous to; or

(ii) mineral rights in,

the land;

(d) whether the crofting community body proposes a leaseback of sporting interests under section 83 below;

(e) the proposed use, development and management of the subjects of the application;

(f) whether and how the matters referred to in paragraph (e) above would affect any of the facilities referred to in paragraph (b)(ii) above insofar as those facilities connect with similar facilities on other land or also serve other land; and

(g) the extent to which the matters referred to in paragraph (e) above would consist of or support the sustainable use or development of the subjects of the application, including any land or sporting interests previously acquired by the crofting community body.

(a) send a copy of its application to the owner of the subjects of the application; and

(b) where there is a standard security over an interest in any subjects to which the application relates, send a copy of its application and the accompanying information to the creditor who holds the standard security and invite the creditor-

(i) to notify the crofting community body and Ministers, within 60 days of receipt of the invitation, if any of the circumstances set out in subsection (7) below has arisen (or arises within 60 days of receipt of the invitation); and

(ii) if such notice is given, to provide Ministers, within that time, with the creditor's views in writing on the application.

(a) a calling-up notice has been served by the creditor under section 19 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) in relation to the subjects in which the crofting community body is seeking to exercise its right to buy or any part of those subjects and that notice has not been complied with;

(b) a notice of default served by the creditor under section 21 of that Act in relation to those subjects or any part of those subjects has not been complied with and the person on whom the notice was served has not, within the period specified in section 22 of that Act, objected to the notice by way of application to the court;

(c) where that person has so objected, the court has upheld or varied the notice of default; and

(d) the court has granted the creditor a warrant under section 24 of that Act in relation to those subjects or any part of those subjects.

(a) invite-

(i) the owner of or, as the case may be, person entitled to the subjects of the application;

(ii) the owners of all land contiguous to land which consists of the subjects of the application;

(iii) the Crofters Commission; and

(iv) any other person whom Ministers consider to have an interest in the application,

to send them, so as to be received not later than 60 days after the sending of the invitation, views in writing on the application; and

(b) send a copy of the invitation to the crofting community body.

(a) in such newspaper circulating in the area where the subjects of the application are situated as Ministers think appropriate; and

(b) in the Edinburgh Gazette.

(a) send copies of any views they receive under this section to the crofting community body; and

(b) invite it to send them, so as to be received by them not later than 60 days after the sending of that invitation, its responses to these views.

(a) does not comply with the requirements of or imposed under this section;

(b) is otherwise incomplete;

(c) discloses that the subjects of the application, or any part of them, are not within the respective definitions in sections 68 and 70 above; or

(d) otherwise indicates that it is one which Ministers would be bound to reject;

(a) the date which is 60 days after the last date on which the crofting community body may provide Ministers with a response to the invitation given under subsection (12) above; or

(b) if by that date the Land Court has not advised Ministers of its finding on any question referred to it under section 79(2) or 81(1) below in relation to the application, the date on which the Land Court provide Ministers with that finding.

(a) that the croft land to which the application relates is eligible croft land;

(b) that any additional land to which the application relates is eligible additional land;

(c) that any eligible additional land is to be bought only at the request or with the consent of its owner;

(d) that any salmon fishings to which the application relates are eligible croft land;

(e) that any mineral rights to which the application relates are eligible croft land;

(f) that any sporting interests to which the application relates are eligible sporting interests;

(g) that the subjects of the application have not previously been bought under this Part of this Act and disposed of by the crofting community body;

(h) that the owner is not-

(i) prevented from selling the subjects of the application; or

(ii) subject to any enforceable personal obligation (other than an obligation arising from any right mentioned in section 84(1) below), or order of the Land Court, to sell them otherwise than to the crofting community body;

(i) that the crofting community body complies with the provisions of section 71 above;

(j) that the exercise by the crofting community body of the right to buy under this Part of this Act is compatible with furthering the achievement of sustainable development;

(k) that, where the subjects of the application are salmon fishings, mineral rights or sporting interests, the crofting community body has or is acquiring sufficient croft land to enable those subjects to be exploited so as to support the development of the crofting community defined in relation to that body in pursuance of section 71 above;

(l) that the crofting community so defined are, in relation to the subjects of the application, an appropriate crofting community;

(m) that the crofting community so defined have approved the proposal to exercise the right to buy; and

(n) that it is in the public interest that the right to buy be exercised.

(a) a ballot of the members of the crofting community so defined has, during the period of six months which immediately preceded the date on which the application was made, been conducted by the crofting community body on the question whether the crofting community body should buy the land or sporting interests; and

(b) the majority of-

(i) those voting; and

(ii) the members of the crofting community so defined who voted and who are tenants of crofts within the land which the crofting community body has applied to buy or, as the case may be, within land over which the sporting interests which the crofting community body has applied to buy may be exercised,

have voted in favour of the proposition that the crofting community body exercises its right to buy.

(a) the result;

(b) the number of persons eligible to vote;

(c) the number of those persons who are tenants of crofts within the land which the body proposes to buy;

(d) the number of persons who voted and the number of those persons who are such tenants; and

(e) the number of persons who voted in favour of the proposal to buy and the number of those persons who are such tenants,

(a) has a right of pasture or grazing, or holds a common grazing, within the land which the crofting community body has applied to buy or, as the case may be, within land over which the sporting interests which the crofting community body has applied to buy may be exercised; or

(b) holds any part of that land runrig,

(a) the other body's right to buy the land or sporting interests which are the subject of the body's application is, so far as proceeding on that application, extinguished; and

(b) they shall notify-

(i) the owner of the land or person entitled to the sporting interests; and

(ii) the bodies,

of that fact.

(a) the applicant crofting community body;

(b) the owner of the land which is the subject of the application; or

(c) any other person who, in the opinion of the Land Court, appears to have an interest.

(a) that the purchase of the eligible additional land by the crofting community body is essential to the development of the crofting community;

(b) that such development is compatible with furthering the achievement of sustainable development;

(c) that the purpose to which that land would be put cannot reasonably be achieved by means within the powers of the Court other than by its purchase under this Part of this Act by the crofting community body;

(d) that where that land forms part of an area of land all of which is in the same ownership, the purchase of the land will not seriously jeopardise the continued use and management of the remaining land; and

(e) that that land does not exceed, in area, whichever is the greater of-

(i) 10 hectares; or

(ii) 5 per cent of the combined area of the land and any croft land being bought or which had previously been bought under this Part of this Act by the crofting community body.

(a) approving the purchase of the land sought to be bought but not the eligible additional land or that part of it; and

(b) providing that Ministers shall, under section 80 below, make their consent to the application subject to the imposition of such title conditions as the Court considers appropriate on the eligible additional land or, as the case may be, that part of it.

(a) may; and

(b) on being so required by the owner of land who has made such a request or the crofting community body in relation to whose application the condition referred to in subsection (1) above has been imposed, shall,

(a) the applicant crofting community body;

(b) the owner of the land which is the subject of the application; or

(c) any other person who, in the opinion of the Land Court, appears to have an interest.

(a) received the Land Court's report of its findings in fact; and

(b) taken those findings into account when considering or further considering the application.

(a) Ministers;

(b) any person who is a member of the crofting community defined in relation to the applicant crofting community body in pursuance of section 71 above;

(c) any person who has any interest in the land or sporting interests which are the subject of the application giving rise to a right which is legally enforceable by that person; or

(d) any person who is invited, under section 73(8)(a) above, to send views to Ministers on the application,

(a) the applicant crofting community body;

(b) the owner of the land which is, or person entitled to the sporting interests which are, the subject of the application; or

(c) any other person who, in the opinion of the Land Court, appears to have an interest.

(a) shall advise Ministers of its finding on any question so referred; and

(b) may, by order, provide that Ministers may consent to the application only if they impose, under section 80 above, such conditions as the Court may specify.

(a) the applicant crofting community body;

(b) the owner of the land or person entitled to the sporting interests to which the application relates;

(c) every other person who was invited, under section 73(8)(a) above, to send them views on the application; and

(d) where their decision is to consent to the application, to the Keeper of the Registers of Scotland.

(a) the land or sporting interests to which the consent relates (provided, where appropriate, by or by reference to maps and drawings); and

(b) where their decision is to consent to the application, any conditions imposed under section 80 above by virtue of subsections (4) or (5) of section 77 above.

(a) contain information about the consequences of the decision notified and of the rights of appeal against it given by this Part of this Act; and

(b) state the date as at which the decision is effective.

(a) at the date of an application under section 73 above, only the owner of the land to be bought is entitled to the sporting interests on the land;

(b) the crofting community body has indicated that it proposes a leaseback of those interests under section 73(5)(d) above;

(c) the owner, within the period of 60 days referred to in subsection (8) of that section, notifies Ministers in writing that the owner wishes a lease of those interests;

(d) Ministers have consented to the application; and

(e) the crofting community body and the owner of the land have not, prior to consent being given, provided Ministers with a copy of an agreement between them on the terms and conditions of the lease of those interests.

(a) the annual rent shall be nominal;

(b) the duration of the lease shall be not less than 20 years; and

(c) the owner shall be entitled to assign the tenant's interest under the lease,

(a) suspended as from the date when Ministers approve the body's application under section 73 above to buy the land or sporting interests; and

(b) revived-

(i) when the transfer under this Part of this Act of the land or sporting interests to the body is completed; or

(ii) if such a transfer is not completed because the body does not (by virtue of withdrawing, under section 85 below, its application under section 73 above or its confirmation of its intention to proceed to buy or for any other reason) proceed to buy the land or sporting interests.

(a) Part 2 of this Act;

(b) section 12 of the 1993 Act;

(c) the provisions of Part III of the Housing (Scotland) Act 1987 (c.26) relating to a person's right to purchase the house of which the person is a tenant,

(a) affects the operation of an inhibition on the sale of the land;

(b) prevents an action of adjudication from proceeding; or

(c) affects the commencement, execution or operation of any other diligence.

(a) making an application under section 73 above, withdraw the application; or

(b) confirming its intention to proceed under subsection (1) above, withdraw that confirmation,

(a) to prepare the documents necessary to-

(i) effect the transfer; and

(ii) impose any conditions (including any real burdens or servitudes) which Ministers, under section 80 above, require to be imposed upon the title to land; and

(b) in so doing, to ensure-

(i) that the subjects of the application to which Ministers have consented are the same as those to be transferred; and

(ii) that the transfer is to be effected in accordance with any other conditions imposed by Ministers under section 80 above.

(a) that the right to buy be exercised as if the part of the land or interests not owned or not exercisable by the owner or person entitled so named had never been included in the description of the land or interests in the application to which they had consented; or

(b) that the crofting community body's right to buy the land or interests which are the subject of the body's application is, so far as proceeding on that application, extinguished.

(a) to make available to the crofting community body such deeds and other documents as are sufficient to enable the body to proceed to complete its title to the land or interests; and

(b) to transfer title accordingly.

(a) the owner or person entitled to the interests and the crofting community body so agree, the consideration may be paid on a date later than the final settlement date;

(b) the assessment of the valuation of the land or interests under section 88 below has not been completed by a date 4 months after the consent date, the consideration shall be paid not later than 2 months after the date when that assessment is completed;

(c) that valuation is the subject of an appeal which has not been determined within 4 months of the consent date, the consideration shall be paid not later than 2 months after the date of that determination.

(a) the consideration; or

(b) if, for any reason, the consideration has not been ascertained, such sum as may be fixed by the valuer appointed under section 88(1) below as a fair estimate of what the consideration might be,

(a) does not act on behalf of the owner of the land or person entitled to the interests or of the crofting community body which is exercising its right to buy the land or interests under this Part of this Act; and

(b) shall act as an expert and not as an arbiter.

(a) the value it or they would have on the open market as between a seller and a buyer both of whom are, as respects the transaction, willing;

(b) any depreciation in the value of other land or interests belonging to the seller which may result from the transfer of land or interests, including depreciation caused by division of the land or interests by the transfer of land or interests to the crofting community body; and

(c) the amount attributable to any disturbance to the seller which may arise in connection with the transfer of the land or interests to the crofting community body.

(a) account may be taken, in so far as a seller and buyer such as are mentioned in subsection (6) above would do so, of any factor attributable to the known existence of a person who (not being the crofting community body which is exercising its right to buy the land or interests) would be willing to buy the land or interests at a price higher than others would because of a characteristic of the land or interests which relates peculiarly to that person's interest in buying it;

(b) no account shall be taken of-

(i) any depreciation of the type mentioned in subsection (6)(b) above;

(ii) any disturbance of the type mentioned in subsection (6)(c) above;

(iii) the absence of the period of time during which the land or interests would, on the open market, be likely to be advertised and exposed for sale.

(a) in complying with the requirements of this Part of this Act following upon the making of an application under section 73 above by a crofting community body;

(b) as a result of the withdrawal by the crofting community body of its confirmation under section 85 above or its failure otherwise to complete the purchase after having so confirmed its intention under that section; or

(c) as a result of the failure of the crofting community body which made that application to complete the purchase,

(a) that after settlement of its other liabilities connected with the exercise of its right to buy land or sporting interests under this Part of this Act, the crofting community body has insufficient money to pay, or to pay in full, the amount of compensation it has to pay under section 89 above;

(b) that the crofting community body has taken all reasonable steps to obtain money in order to pay, or to pay in full, that amount (other than applying for a grant under this section) but has been unable to obtain the money; and

(c) that it is in the public interest that Ministers pay the grant.

(a) any person who is a member of the crofting community defined in relation to the applicant crofting community body in pursuance of section 71 above;

(b) any person who has any interest in the land or sporting interests giving rise to a right which is legally enforceable by that person; and

(c) any person who was invited, under section 73(8)(a) above, to send views to Ministers on the application.

(a) the name and address of the registered office of the company which constitutes the crofting community body which has submitted the application;

(b) a copy of the application;

(c) a copy of Ministers' decision consenting or refusing to consent to the exercise of the right to buy;

(d) a copy of-

(i) any notice of withdrawal by the crofting community body of an application to exercise the right to buy;

(ii) any notice of confirmation by the body of its intention to proceed to exercise that right;

(iii) any notice withdrawing that confirmation; and

(iv) any acknowledgement by Ministers of receipt of notice such as is mentioned in sub-paragraphs (i) to (iii) above; and

(e) such other information as Ministers consider appropriate.

(a) that the crofting register is, at all reasonable times, available for public inspection free of charge;

(b) that members of the public are given facilities for getting copies of entries in the crofting register on payment of reasonable charges;

(c) that any person requesting it is, on payment of such a charge, supplied with an extract entry certified to be a true copy of the original.

(a) affects any rights given by or under the 1993 Act or prevents a crofting community body from being a landlord for the purposes of that Act; or

(b) prevents a crofting community body from having and exercising power to acquire land or other property otherwise than under it.

"Land Court" means the Scottish Land Court;

"Lands Tribunal" means the Lands Tribunal for Scotland;

"Ministers" means the Scottish Ministers;

"prescribed" means prescribed by regulations made by Ministers.

(a) such incidental, supplementary, consequential, saving or transitional provision as Ministers think necessary or expedient;

(b) different provision for different cases and for different classes of case.

(a) the day after the date it was posted; or

(b) where any period in this Act is to be calculated from or with reference to the date of making or sending the application, invitation, response, confirmation, notice or document, that date.

(a) a time, being not later than 28 days after the giving of the notice, within which; and

(b) the manner in which,

(a) may; and

(b) if any objection made is not withdrawn, shall,

(a) Part II (access to open country);

(b) sections 30 to 38 (creation, closure and diversion of public paths);

(c) section 43 (ploughing of rights of way);

(d) in section 54 (byelaws), in subsection (6), the words "or the next and succeeding section";

(e) section 55 (default powers); and

(f) in Schedule 3 (which includes provision for making and confirming access orders under Part II), in sub-paragraph (1) of paragraph 1, the words "an access order", in sub-paragraph (3) of that paragraph the words "an access order or" and in sub-paragraph (1A) of paragraph 2, the words from "as" to "order", where thirdly occurring,

(a) prevent compensation thereafter being claimed or becoming payable under section 21 of the Act (compensation for depreciation or disturbance as a result of access order to be assessed only after five years' operation of order); or

(b) otherwise affect the operation thereafter of sections 21 to 23 and 70 of that Act in relation to claims for or payment of compensation.

(a) to the extent that the rights and facilities afforded to the public under those sections are not secured by section 1 above;

(b) in relation to land in respect of which access rights are, under section 6 above, not exercisable; and

(c) in relation to rights of way.

(a) in section 120 (savings for Crown and other rights), the words from "and, with respect" to the end are repealed;

(b) in section 121 (control of the seashore, adjacent waters and inland waters)-

(i) subsection (4); and

(ii) in subsection (5), paragraph (iii),

are repealed;

(c) in section 121, in subsection (11), for the words from "adjacent" to the end there is substituted "and adjacent waters."; and

(d) in section 123 (interpretation), the words from ""inland waters"" to "banks thereof;" are repealed.