Paragraph 64 Exercise of right to buyI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. 2 para. 8(7) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 10(1) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 14 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 74 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 75 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 76 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 40 applied by 1931 c. 44, s. 14(3) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 80(2)

(1)

Where a small landholder has a right to buy land under paragraph 63 (2) by virtue of paragraph 63 (1)(a), the landholder may proceed in accordance with paragraph 66 to buy the land from the owner of the land or (as the case may be) the eligible creditor provided that notice is given under sub-paragraph (2).

(2)

Notice is given under this sub-paragraph if—

(a)

the landholder gives notice to the owner or (as the case may be) the creditor that the landholder intends to buy the land, and

(b)

the notice is given within the period of 28 days beginning with the day on which the landholder is given a notice of a proposal to transfer land.

(3)

Where a landholder has a right to buy under paragraph 63 (2) by virtue of paragraph 63 (1)(b), the landholder may proceed in accordance with paragraph 66 to buy the land from the owner or (as the case may be) the creditor provided that the landholder gives notice to the owner or, as the case may be, the creditor that the landholder intends to buy the land.

(4)

Where a landholder has a right to buy land under paragraph 63 (6), the landholder may proceed in accordance with paragraph 66 to buy the land from the person to whom the land has been transferred or subsequently transferred provided that notice is given under sub-paragraph (5).

(5)

Notice is given under this sub-paragraph if—

(a)

the landholder gives notice to that person that the landholder intends to buy the land,

(b)

the notice is given within the period of 3 years beginning with the day on which the land is transferred to that person, and

(c)

the landholder’s tenancy is in force on the date on which the notice is given.

(6)

If, at any time, the landholder does not intend to proceed, in accordance with paragraph 66, to buy the land, the landholder is to give notice of that fact to the person from whom the land would otherwise have been bought.

(7)

The right to buy mentioned in—

(a)

sub-paragraph (1) is extinguished if the landholder does not give notice in accordance with sub-paragraph (2),

(b)

sub-paragraph (4) is extinguished if the landholder does not give notice in accordance with sub-paragraph (5),

(c)

sub-paragraph (1), (3) or (4) is extinguished if the landholder gives notice under sub-paragraph (6).

(8)

A landholder giving any notice under this paragraph must give a copy of the notice to the Keeper.

(9)

The Scottish Ministers may by regulations make provision for a period within which any notice given by a landholder under sub-paragraph (3) is to be given.

(10)

Regulations under sub-paragraph (9) may modify this paragraph.

Annotations

Commencement

I1: Sch. 2 para. 64 not in force at Royal Assent, see s. 47(2)