The Act – an Overview Part 3 the Crofting Community Right to Buy Section 75:  Ballot to indicate approval for purposes of section 74(1)(m)
292.This section sets out the arrangements for a ballot to establish that a crofting community right to buy application by a crofting community body has the support of the crofting community which that body represents.
293.Subsection (1) provides that a proposal by a crofting community body to exercise a crofting community right to buy will be deemed to have been approved by the relevant crofting community if, firstly, the vote takes place within the six month period immediately preceding the date of the right to buy application; secondly, that a majority of those voting in that ballot supported the proposal to make the application; and thirdly, that the majority of the croft tenants of the land to which the application applies who voted in that ballot also voted in favour of making the application. It also specifies that only members of the crofting community which the crofting community body represents may vote in the ballot.
294.Subsection (2) requires that the conduct of the ballot and arrangements for ascertaining and publishing the results will be prescribed by regulations made by Ministers.
295.Subsection (3) provides that if a ballot is not conducted as prescribed by regulations made by Ministers the application to which it relates will fall.
296.Subsection (4) sets out the requirements for reporting the results of the ballot to Ministers.
297.Subsection (5) defines a croft tenant for the purposes of the ballot provisions.