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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Crofting Community Right to Buy (Compensation) (Scotland) Order 2004 No. 226 URL: http://www.bailii.org/scot/legis/num_reg/2004/20040226.html |
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The Crofting Community Right to Buy (Compensation) (Scotland) Order 2004 © Crown Copyright 2004 Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Crofting Community Right to Buy (Compensation) (Scotland) Order 2004, ISBN 011069127X. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: [email protected]. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Scottish Ministers in exercise of the powers conferred by section 89(4) of the Land Reform (Scotland) Act 2003[1], and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and interpretation 1. - (1) This Order may be cited as the Crofting Community Right to Buy (Compensation) (Scotland) Order 2004 and shall come into force on 15th June 2004. (2) In this Order-
2.
A claim for compensation made under section 89(1)(a), (b) or (c) of the Act shall be submitted to the crofting community body which is liable to pay the compensation at the registered office of that body.
(b) the date of withdrawal by the crofting community body of its confirmation of its intention to proceed with the purchase under section 85; or (c) the date on which the crofting community body's application is treated as withdrawn under section 87(5),
whichever date is the earlier. (This note is not part of the Order) This Order provides for the procedure by and manner in which compensation for loss or expense may be claimed by any person, including an owner of land or sporting interests, under section 89 of the Land Reform (Scotland) Act ("the Act"). Such compensation is payable where loss or expense has been incurred (a) in complying with the requirements of the Act following the making of an application to purchase by the community body; (b) as a result of the withdrawal by the crofting community body of its confirmation of intention to proceed with the purchase, or its failure otherwise to complete the purchase after confirming its intention to do so; or (c) as a result of the failure of the crofting community body which made the application to complete the purchase. In these cases the compensation is payable by the crofting community body (article 2). Where loss or expense has been incurred as a result of an application under section 73 of the Act being refused compensation for such loss or expense is payable by the Scottish Ministers (article 4). Articles 3 and 4 provide for the time limits within which a claim for compensation must be made, and article 5 requires a statement detailing the head of claim in section 89(1) under which the loss or expense falls, and that losses and expenses are fully vouched. Article 6 provides that if compensation is not agreed within 60 days from the date of submission of the claim either party may refer the claim to the Land Court for resolution. Notes: [1] 2003 asp 2. Section 98(1) of the Act contains the definition of "Ministers" relevant to the exercise of the statutory powers under which this Order is made.back
ISBN 0 11 069127 X
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