Current status: Answered by Ross Finnie on 13 December 2002
To ask the Scottish Executive, further to the answer to question S1W-30836 by Ross Finnie on 18 November 2002, whether there will be two public interest tests when an application is made under Part 3 of the Land Reform (Scotland) Bill, namely that the application is in the public interest using the qualified definition in the bill and that it is in the public interest in the normal sense of the phrase as applied to Article 1 of Protocol 1 of the European Convention on Human Rights.
As stated in the answer given to question S1W-30836, the purpose of section 71(2) of the bill is to elucidate the meaning of the phrase "public interest" as used in the bill. Whether or not ministers consider a proposed acquisition by a crofting community body is in the public interest will depend on the facts and circumstances of each particular case.