The right to buy land to further sustainable development: consultation

9. Regulations We Propose Not to Make at Present

The Scottish Government does not think it is necessary to use all the regulation making powers within the 2016 Act.

Section 46(3)(a)

This is a power to make regulations further defining the sort of structures or buildings that are to be treated as a home for the purpose of excluding them from any potential Part 5 right to buy application. As discussed above in the section on excluded land, the Scottish Government does not intend to use this power at present, and believes it appropriate, in the interests of social diversity and the rights of people to choose their own mode of living, not to restrict the definition of what a home could be.

Question 23

Do you agree that there is no need, at present, to use the power under section 46(3)(a) to further define structures that are or may be treated as a home?

Yes / No / Partially

If you wish, please provide further details of your view.

Subsection 48(1)(c)

Subsection 48 deals with a Part 5 community body seeking to buy a tenant's interest related to the proposed purchase of land under a Part 5 Right to Buy application. A tenant's interest cannot be that of a croft tenancy or the tenancy of a dwelling house.

Subsection 48(1)(c) allows Scottish Ministers to make regulations specifying any other kinds of tenancies the tenant's interest in which would be ineligible to acquire under Part 5 Right to Buy. The Scottish Government does not believe it necessary at present to specify any further kinds of tenant's interests that should be excluded from Part 5 Right to Buy

Question 24

Do you agree that there is no need, at present, to use the power under section 48(1)(c) to specify any further types of tenancy the tenant's interest in which would be excluded from being eligible to be acquired under Part 5 ?

Yes / No / Partially

If you wish, please provide further details of your view.

Subsection 49(1)(c)

Section 49 defines the types of bodies that may be considered a Part 5 community body. These are:

• A body that is a company limited by guarantee, the articles of which must include the articles as specified in section 49(2) of the 2016 Act.
• A Scottish Charitable Incorporated Organisation (A SCIO) with a constitution that includes the provisions in section 49(3) of the 2016 Act.
• A community benefit society the registered rules of which include the provisions in section 49(4) of the 2016 Act.
• Where a community body nominates a third party purchaser, a body corporate having a written constitution that includes the provisions in section 49(5) of the 2016 Act.

Subsection 49(1)(c) allows Scottish Ministers to use regulations to specify further types of bodies that may be classed as a Part 5 community body for the purposes of Part 5 of the 2016 Act. The Scottish Government does not believe there are currently any other types of community body that should be defined for the purposes of being able to make a Part 5 right to buy application.

However, we would like to hear your views on whether you think other bodies should be considered a Part 5 community body, and why.

Question 25

Do you agree that the types of community body that may register as a Part 5 community body should be limited the four types outlined above?

Yes / No / Partially

Please feel free to comment on this, including, if you have any, suggestions for other types of community bodies that should be able to register as a Part 5 community body and the reason why they should be included.

Subsection 49(8)

Subsection 49(8) provides that Scottish Ministers may by regulation modify subsections 49(2),(3),(4) and (6) of the 2016 Act.

Subsections 49(2),(3) and (4) provide the requirements for three of the types of community body that can make a right to buy application under Part 5. Subsection 49(8) allows Scottish Ministers to make regulations modifying those requirements. The Scottish Government believes there is no need, at present, to modify any of the requirements provided.

Subsection 49(6) allows Scottish Ministers to disapply, if they believe it is in the public interest, the requirement specified in subsections (2)(c), (3)(c) and (4)(c) of section 49. These provisions provide that the community body, whether a company limited by guarantee, a SCIO or a community benefit society, as the case may be, must not have less than 10 members. Subsection 49(6) therefore allows Scottish Ministers to disapply this membership number requirement if they believe that doing so is in the public interest on a case by case basis. Subsection 49(8) allows Scottish Ministers to make regulations to modify subsection 49(6). The Scottish Government sees no requirement to modify subsection 49(6) at present.

Question 26

Do you agree there is no present need to use the regulation making powers in section 49(8), which would allow modification of certain matters relating to the three types of community body that may make a Part 5 right to buy application?

Yes / No / Partially

If you wish, please provide further details of your view.

Subsection 50(4)

Where land has been acquired by a community body in accordance with Part 5 of the 2016 Act, subsection 50(2) of the Act, when in force, will make it possible for Scottish Ministers to acquire the land compulsorily from the community if they, the Scottish Ministers, are satisfied that if the Part 5 community body had not bought the land, that community would no longer be entitled to do so.

For example this may come about because the community body that has bought land under Part 5 has modified its articles of association, constitution or its registered rules in a way that would no longer allow it to use Part 5 as a means of acquiring the land.

Subsection 50(4) provides that where Scottish Ministers exercise the power to acquire the land compulsorily from the community body they may by regulations make provision relating to, or to matters connected with, the acquisition of the land. It would only ever be necessary to use subsection 50(4) if the need arose for Ministers to acquire the land because of the reasons described above. It is a reactive power that if and when used, will be used on a case by case basis. This power is not needed for the purpose of implementing Part 5 of the 2016 Act.

Subsection 52(7)

This provision allows Scottish Ministers to make regulations modifying certain provisions in section 52 of the 2016 Act, relating to the Register of Applications by Community Bodies to Buy Land. The Scottish Government sees no reason to modify any matters relating to the Register at present, and therefore no current need to use this power.

Question 27

Do you agree there is no need, at present, to use the power under subsection 52(7)?

Yes / No / Partially

If you wish, please provide further details of your view.

Subsection 52(10)(b)

Subsection 52(10) is already in force. See the Land Reform (Scotland) Act 2016 (Commencement No. 8 and Saving Provision) Regulations 2018: http://www.legislation.gov.uk/ssi/2018/138/made Paragraph (a) of subsection 52(10) specifies that the Register must be available for public inspection at all times free of charge.

Subsection 52(10)(b) of the 2016 Act specifies that members of the public must be given facilities for getting copies of entries in the Register on payment of such charges as Scottish Ministers may by regulations specify. The charges for copies are specified under regulation 18 of the Community Right to Buy (Abandoned, Neglected or Detrimental Land)(Applications, Ballots and Miscellaneous Provisions) (Scotland) Regulations 2018. See: http://www.legislation.gov.uk/ssi/2018/140/made

The charges are: (a) £30 for an extract of registration or colour plan; and (b) £16 for a plain copy of registration or black and white plan plus VAT.

Question 28

Regulations made under subsection 52(10)(b) are already in force but please feel free to give any views you have on access to the Register of Applications by Community Bodies to Buy Land.