Exercise of right to buy (1) 51 Where a small landholder has a right to buy land under paragraph 50(2) by virtue of 40 paragraph 50(1)(a), the landholder may proceed in accordance with paragraph 53 to buy 138 Land Reform (Scotland) Bill Schedule 1—Small landholdings Part 5—Right 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 5 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 50(2) by virtue of paragraph 50(1)(b), the landholder may proceed in accordance with paragraph 53 to buy the land 10 from the owner or (as the case may be) the creditor provided that the landholder gives 1 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 50(6), the landholder may proceed in accordance with paragraph 53 to buy the land from the person to whom the 15 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, 20 (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 53, to buy the land, the landholder is to give notice of that fact to the person from whom 25 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 30 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. 35 (9) The Scottish Ministers may by regulations make provision for a period within which a landholder under sub-paragraph (3) is to be given. any notice given by (10) Regulations under sub-paragraph (9) may modify this paragraph. 139 Land Reform (Scotland) Bill Schedule 1—Small landholdings Part 5—Right to buy Effect of extinguishing right to buy 52 Where a small landholder’s right to buy land is extinguished under paragraph 51(7) or 53(9), the landholder may acquire a subsequent right to buy the same land or any part of it under paragraph 50(2), but only if— 5 (a) the period of 12 months beginning with the day on which the right to buy is extinguished has expired, or (b) before that period has expired— (i) the land is transferred to another person, and (ii) that person requires to give notice of a proposal to transfer land in relation 10 to a subsequent transfer. 1 Procedure for buying 53 (1) It is for the small landholder to make the offer to buy in exercise of the landholder’s right to buy under paragraph 50. (2) The offer is to be at a price— 15 (a) agreed between the landholder and the person from whom the land is to be bought (in this Part, “the seller”), or (b) where there is no such agreement— (i) payable by the landholder in accordance with paragraph 55(9), or (ii) if the price is determined in an appeal under paragraph 57, as is so 20 determined. (3) The offer must specify the date of entry and of payment of the price in accordance with sub-paragraph (4). (4) The date of entry and of payment of the price is to be— (a) a date not later than 6 months after the date on which the landholder gave notice 25 under paragraph 51 of the landholder’s intention to buy, (b) where the price payable by the landholder is the subject of an appeal under paragraph 57 which has not, within the period of 4 months beginning with the day on which the landholder gave such notice, been— (i) determined, or 30 (ii) abandoned following agreement between the landholder and the seller, a date not later than 2 months after the appeal is so determined or (as the case may be) abandoned, or (c) such later date as may be agreed between the landholder and the seller. (5) The offer may include such other reasonable conditions as are necessary or expedient 35 to secure the efficient progress and completion of the transfer. (6) If the landholder has not, within the period fixed by or agreed under sub-paragraph (4), done any of the things mentioned in sub-paragraph (7), the seller may apply to the Land Court for an order under sub-paragraph (8). 140 Land Reform (Scotland) Bill Schedule 1—Small landholdings Part 5—Right to buy (7) The things are— (a) concluding missives with the seller for the sale of the land to the landholder, or (b) if the landholder has not so concluded missives, taking all steps which the landholder could reasonably have taken in the time available towards so concluding 5 missives. (8) An order under this sub-paragraph may— (a) direct the landholder— (i) to conclude missives with the seller within such period as may be specified in the order, and 10 (ii) to take such remedial action for the purpose of so concluding missives as 1 may be so specified, and (b) direct the landholder and seller to incorporate into the missives any term or condition in respect of the sale of the land as may be so specified. (9) The right to buy mentioned in sub-paragraph (1) is extinguished if— 15 (a) the landholder fails to comply with an order under sub-paragraph (8), or (b) where the seller has not applied for an order under that sub-paragraph, the landholder has not (having regard to the period fixed by or agreed under sub-paragraph (4)) within a reasonable period from the acquiring by the landholder of the right to buy otherwise concluded missives with the seller for the sale of 20 the land to the landholder.