{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-61",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-61.json",
  "legislation": "asp/2025/15",
  "legislation_title": "Land Reform (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/land-reform-scotland-act-2025",
  "path": "schedule/2/paragraph/61",
  "kind": "paragraph",
  "number": "61",
  "heading": "Notice of proposal to transfer land",
  "text": "(1) This paragraph applies where—\n(a) a small landholder’s interest in buying the land comprising the landholder’s small landholding has been registered under paragraph 58(4)(a), and\n(b) the registration has not ceased to have effect.\n(2) The owner of the land, and any eligible creditor in relation to the land, must, before transferring the land or any part of it to another person, give the landholder notice of any proposal by the owner or (as the case may be) the creditor to make such a transfer.\n(3) But sub-paragraph (2) does not apply if the transfer is an exempt transfer for the purposes of this paragraph (see paragraph 62).\n(4) Notice under sub-paragraph (2) must be given—\n(a) in writing, and\n(b) in accordance with such provision (including provision as to the form of the notice) as the Scottish Ministers may prescribe by regulations.\n(5) An owner or creditor who gives a landholder notice under sub-paragraph (2) must give a copy of the notice to the Keeper.\n(6) In this Part, “eligible creditor”, in relation to land, means a creditor in a standard security with a right to sell the land under—\n(a) section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, or\n(b) a warrant granted under section 24(1) of that Act.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 61 not in force at Royal Assent, see s. 47(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied by 1931 c. 44, s. 14(3) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/15/schedule/2/paragraph/61",
    "retrieved_at": "2026-10-29T20:11:52.301495+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}