Secondary legislation proposals for Part 3A of the Land Reform (Scotland) Act 2003: the community right to buy abandoned, neglected or detrimental land as introduced by the Community Empowerment (Scotland) Act 2015

9. Persons subject to prohibition

Background

The Scottish Government considers that the following persons should be subject to the prohibition of the sale or transfer of land and suspension of rights under sections 97N(1) or 97N(3) of the 2003 Act. These are:

• Landowner
• Creditor in standard security with the right to sell the land.

Question 7: Do you agree with the proposals?
There were six responses to this question. Four agreed and two disagreed with the proposals.

Question 7a: If not, please explain
There were two responses to this question.

Community Land Advisory Service suggested that as land may become abandoned etc. because the owner may have lost capacity, the prohibition should also apply to any guardian or person appointed under an intervention order in respect of the owner in terms of the Adults with Incapacity (Scotland) Act 2000. It also considered that the prohibition should apply to anyone authorised by the owner to sell or transfer the land under a power of attorney or contract of mandate, or any administrator, receiver or trustee in sequestration appointed to owner (including equivalent roles in foreign legal systems).

Scottish Land & Estates suggested that the suspension of rights relating to the transfer or acquisition of land by agricultural and crofting tenants should also be considered.