Commentary on Sections Procedure following consent Section 62 – Confirmation of intention to proceed with purchase and withdrawal
289.Section 62 sets out the procedure which follows the consent by Ministers to the exercise of a right to buy.
290.Subsection (1) provides that, where an application made under section 54 does not nominate a third party purchaser, the right to buy can only be exercised by the Part 5 community body if that body notifies the Scottish Ministers, the owner of the land and, where the application is to buy the tenant’s interest, the tenant, of its intention to proceed within 21 days of receiving the notice of the valuation under section 56(13).
291.Subsection (2) provides that, where an application made under section 54 nominates a third party purchaser, the third party’s right to buy can only be exercised if both the Part 5 community body and the third party purchaser notify the Scottish Ministers, the owner of the land and, where the application is to buy the tenant’s interest, the tenant, of intention to proceed within 21 days of receiving the notice of the valuation under section 56(13).
292.Subsection (3)(a) provides that where a Part 5 community body does not nominate a third party purchaser, the Part 5 community body may withdraw its right to buy application at any time up to receipt of the valuation, by notice in writing to Ministers. Subsection (3)(b) allows the Part 5 community body to withdraw a confirmation of intention to proceed it has previously given, by giving notice in writing to Ministers.
293.Subsection (4) provides that, where an application nominates a third party purchaser, up until receipt of the valuation only the Part 5 body may withdraw the application. After receipt of the valuation, either the Part 5 body or the third party purchaser may withdraw a confirmation of intention to proceed it has previously given, by giving notice in writing to Ministers.
294.Subsection (5) provides that the Scottish Ministers must acknowledge receipt of a notice withdrawing an application, a notice of intention to proceed or a notice withdrawing the intention to proceed and send a copy of the acknowledgement to the Keeper, the owner of the land and, where the application is to buy a tenant’s interest, the tenant.