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Consultation on secondary legislation proposals relating to Part 3A of the Land Reform (Scotland) Act 2003 – the community right to buy abandoned, neglected or detrimental land

 
Scottish Land & Estates has responded to the consultation on abandoned and neglected land under the Community Empowerment (Scotland) Act 2015.  The response can be found below.
 
We expressed major concerns at the time of the passing of this aspect of the primary legislation, but it is now enshrined in law.  We have proposed widening the secondary legislation to widen the class of land for which the community right to buy abandoned and neglected land should not be eligible.  We have also extended the list of regulators to which we feel the community body ought to make a request in advance.  A number of technical legal issues have been raised by us in relation to the proposal to suspend certain property rights to allow acquisition of abandoned and neglected to proceed. Clarity has also been sought both in relation to ballot costs and compensation measures.  Generally we have attempted to highlight areas to make the regulations as clear and transparent as possible and to suggest how they can be made more workable in practice.
 
 

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